ILNews

Opinions Nov. 6, 2012

November 6, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.



 
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT