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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.