Opinions Oct. 17, 2013

October 17, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Wednesday.
Orbitz, LLC v. Indiana Department of State Revenue
Tax. Grants Orbitz’s request to have certain documents, including contracts with Indiana hotels, placed under seal. The contracts have the four characteristics of trade secrets, so they fall within the mandatory exceptions to the general rule of public access set forth in the Access to Public Records Act and Administrative Rule 9.

Thursday’s opinions
Indiana Court of Appeals

Timothy L. Hyser v. State of Indiana
Criminal. Reverses convictions of Class A felony and Class C felony child molesting. The exclusion of the evidence Hyser wished to present deprived him of a meaningful opportunity to present a complete defense. The state is not barred from retrying Hyser.

North American Roofing Services, Inc. v. Menard, Inc.
Civil plenary. Reverses grant of summary judgment to Menard and denial of partial summary judgment to North American Roofing Services on its lawsuit after Menard refused to pay for installation of a new roof. Remands with instructions to deny Menard’s motion for summary judgment on NARSI’s claims for breach of contract and foreclosure of mechanic’s lien; grant NARSI’s motion for partial summary judgment on its claim for breach of contract; and move forward to resolve NARSI’s claim to foreclose upon mechanic’s lien.

Anthony Worl v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony child molesting, Class D felony child solicitation and three counts of Class C felony child molesting, as well as a habitual offender determination.

Antonio Hughley v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony dealing in marijuana.

William J. Eisele v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Darren Englert v. State of Indiana (NFP)
Criminal. Vacates convictions of Class A felony conspiracy to commit murder, Class D felony criminal confinement and Class C felony conspiracy to commit battery. Affirms convictions of Class B felony conspiracy to commit criminal confinement, Class C felony battery and Class A misdemeanor possession of marijuana and affirms 80-year sentence.

Jeffery Bonds v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony invasion of privacy.

Darrail Mix v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies domestic battery and battery and Class A misdemeanors domestic battery and resisting law enforcement.

Frances Ashton v. City of Indianapolis (NFP)
Miscellaneous. Affirms judgment affirming the decision of the merit board of the Indianapolis Metropolitan Police Department to terminate Ashton’s employment as a police officer.

Harold Ferrin v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Justin Dent v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony operating a vehicle as a habitual traffic violator.

Norman T. Podell v. State of Indiana (NFP)
Criminal. Affirms two convictions of Class D felony pointing a firearm.

David Davenport v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class B felony dealing in cocaine and conviction of Class A misdemeanor resisting law enforcement. Remands for the trial court to impose a sentence on the misdemeanor conviction that comports with I.C. 35-50-3-2.

Miguel Perez v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony identity deception.

Bush Truck Leasing, Inc., v. Indiana Farmers Mutual Insurance Company (NFP)
Civil tort. Affirms summary judgment for Indiana Farmers on Bush Truck Leasing’s complaint for declaratory judgment and damages.

FSF Presidential Estates, Associates, LLC, individually and d/b/a Presidential Estates Apartments and Indianapolis Power and Light v. Joshua Grounds, Fleener Roofing & Guttering, LLC (NFP)
Civil tort. Affirms denial of IPL’s motion for summary judgment and Grounds’ motion for partial summary judgment in Grounds’ suit filed to recover damages after he was electrocuted.

Devon Miller v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Stanley D. Wills v. State of Indiana (NFP)
Criminal. Vacates Wills’ conviction for Class C felony theft as a lesser included offense of robbery and remands for further proceedings. Affirms convictions of Class B felony aiding in the commission of armed robbery, Class B felony conspiracy to commit armed robbery, and Class B felony criminal confinement, as well as finding Wills is a habitual offender.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.



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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.