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Opinions Nov. 30, 2010

November 30, 2010
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The following opinion was posted after IL deadline Monday.
Indiana Tax Court
Hubler Realty Company v. Hendricks County Assessor
49T10-1001-TA-5
Tax. Affirms Indiana Board of Tax Review’s upholding of the Hendricks County Property Tax Assessment Board of Appeals’ assessment of Hubler’s commercial properties for the 2006 tax year. The assessor’s testimony doesn’t suggest that her assessments or her determination as to the propriety thereof were the products of sales chasing, spot assessments, or selective reappraisals. The PTABOA’s consideration of Hubler’s sales disclosure form doesn’t mean that it engaged in sales chasing or selectively reappraised Hubler’s properties.

Today’s opinions
Indiana Supreme Court had posted
no opinions at IL deadline.

Indiana Court of Appeals
Albert J. Hall v. State of Indiana
06A05-1003-CR-187
Criminal. Reverses conviction of operating a motor vehicle as a habitual traffic offender as a Class D felony. The trial court committed fundamental error in its instruction on the mens rea element of the Habitual Traffic Violator Statute. Remands for a new trial.

MH Equity Managing Member, LLC v. Debra K. Sands
49A02-1005-CC-495
Civil collections. Affirms order enforcing a settlement agreement between MH Equity Managing Member and Sands providing for dismissal with prejudice of a complaint alleging that Sands had breached a fiduciary duty in performing services for MH Private Equity Fund. The parties entered into a binding contract which required the subsequent execution of a document memorializing their agreement and there is no uncertainty as to any substantial term of the settlement contract.

Anastacio Carrera v. State of Indiana (NFP)
49A02-1003-CR-238
Criminal. Affirms convictions of child molesting as Class A and Class B felonies, and sexual misconduct with a minor as Class B and Class C felonies.

Involuntary Commitment of B.K. (NFP)
33A01-1006-MH-301
Mental health. Affirms commitment at Logansport State Hospital.

Kevin Ware v. State of Indiana (NFP)
69A01-1004-PC-204
Post conviction. Affirms denial of petition for post-conviction relief.

Justin Robinette v. State of Indiana (NFP)
48A02-1004-CR-501
Criminal. Affirms sentence following guilty plea to three counts of Class B sexual misconduct with a minor, and one count of Class C felony sexual misconduct with a minor.

Maria Chavarria v. State of Indiana (NFP)
20A03-1007-CR-381
Criminal. Affirms sentence following guilty plea to dealing in cocaine weighing over three grams, a Class A felony.

E.H., Alleged to be C.H.I.N.S.; J.H. v. Marion County D.C.S. (NFP)
49A02-1004-JC-539
Juvenile. Affirms determination that E.H. is a child in need of services.

Brandon Phillips v. State of Indiana (NFP)
71A03-1004-CR-267
Criminal. Affirms sentence for murder and Class B felony criminal confinement resulting in serious bodily injury.

D.S. v. State of Indiana (NFP)
49A02-1004-JV-484
Juvenile. Affirms adjudications for committing what would be Class B felony burglary and Class D felony theft if committed by an adult, and that the trial court disposition is appropriate.

In the Matter of the Adoption of E.L.; J.N. v. R.J. (NFP)
49A02-1005-AD-569
Adoption. Affirms denial of the stepfather’s petition to adopt his wife’s daughter.

L.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0911-EX-1057
Civil. Affirms decision that L.S. is disqualified from eligibility for unemployment benefits because he was dismissed for just cause.

Kieno Austin v. State of Indiana (NFP)
49A02-1007-CR-820
Criminal. Affirms denial of motion to correct erroneous sentence.

Town v. Review Board and B.K. (NFP)
93A02-1002-EX-146
Civil. Affirms grant of B.K.’s application for unemployment benefits.

Vera D. Alsadi v. State of Indiana (NFP)
34A02-1004-CR-561
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Mary E. McKinney v. Windy Lane Farms, Inc., et al. (NFP)
08A02-1001-CC-71
Civil collections. Reverses dismissal of McKinney’s third-party complaint and the grant of summary judgment in favor of third-party defendants Windy Lane Farms and others. Remands for further proceedings.

Term. of Parent-Child Rel. of N.S., et al.; D.S. v. Bartholomew County D.C.S. (NFP)
03A01-1005-JT-222
Juvenile. Affirms termination of parental rights.

Anthony B. Rias, II v. State of Indiana (NFP)
45A03-1004-CR-182
Criminal. Affirms conviction of felony murder.

DeWayne V. Adamson v. State of Indiana (NFP)
53A01-1002-CR-88
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon and the finding Adamson is a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to five cases for the week ending Nov. 24.
 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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