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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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