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Opinions Nov. 6, 2012

November 6, 2012
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The 7th Circuit Court of Appeals released no Indiana opinions before IL deadline. State courts are closed Tuesday for Election Day.

The following opinions were issued after IL deadline Monday:
Indiana Supreme Court
State of Indiana v. Elvis Holtsclaw

49S02-1205-CR-264
Criminal. Reverses dismissal of state’s notice of appeal and remands to the Court of Appeals for consideration of its merits, holding that the appeal is timely under Appellate Rule 9.

Elmer J. Bailey v. State of Indiana
49S02-1204-CR-234
Criminal. Reverses Court of Appeals and affirms trial court conviction of two counts of Class D felony domestic battery and two-year sentence, holding that physical pain is sufficient to prove the statutory element of bodily injury. The court rejected the COA’s holding that pain “must be sufficient to rise to a level of ‘impairment of physical condition’” to justify the conviction.

Indiana Tax Court
Shelbyville MHPI, LLC v. Anne Thurston, in her official capacity as Assessor, Shelby County
49T10-1003-TA-14
Tax. Affirms Indiana Board’s decision to uphold Shelby County assessor’s assessment of property owned by Shelbyville MHPI, LLC. The court found MHPI was incorrect when it assumed its assessment and property tax liability would remain relatively constant.

Millennium Real Estate Investment, LLC v. Assessor, Benton County, Indiana
49T10-1008-TA-42
Tax. Affirms Indiana Board of Tax Review’s decision to uphold real property assessments of Millennium Real Estate Investment, LLC. The court rejected Millennium’s argument that the IBTR abused its discretion in finding the assessor’s appraisal more persuasive.



 
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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