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Opinions Oct. 20, 2011

October 20, 2011
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The following opinion was posted after IL deadline Wednesday:
Indiana Supreme Court

Otha S. Hamilton v. State of Indiana
49S02-1110-CR-621
Criminal. Affirms Hamilton’s conviction of Class A felony child molesting, but remands with instructions to revise his 50-year sentence to 35 years. Finds the circumstances of the case and his criminal history don’t support imposing the maximum sentence. Justice Dickson dissents.

Thursday’s opinions
7th Circuit Court of Appeals had posted no opinions at IL deadline.


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Beth Ann Johnson, Mother of: Emily Johnson, Deceased Minor Child v. Lance Jacobs, Steven J. Cummins, Stacy Cummings, Lawrence County Board of Aviation Commissioners, Tony Newbold, Lawrence Co. Comm.
47A01-1102-CT-35
Civil tort. Affirms summary judgment for all the defendants in Johnson’s suit for damages in daughter Emily’s wrongful death. Her ex-husband Eric’s intentional criminal acts were a superseding intervening cause between any alleged negligence of the defendants and Emily’s death.

Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Financial Group, LLC, and Rick A. Sanders
48A04-1004-CC-232
Civil collection. Grants rehearing to clarify reasoning for denying amended default judgment in favor of ReCasa. The correct interpretation of Indiana Code 32-29-8-3 is that the one-year redemption period begins after the sale of the property, not after Citimortgage first acquired an interest in the property. Affirms original opinion in all respects. Judge Brown dissents in part.

Chase Home Finance, LLC v. Nicholas George Bobis (NFP)
37A03-1104-MF-134
Mortgage foreclosure. Affirms dismissal of Chase Home Finance’s complaint with prejudice.

Thedell Polk v. State of Indiana (NFP)
48A05-1004-PC-295
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court
Grant County Assessor v. Kerasotes Showplace Theatres, LLC
49T10-0908-TA-47
Tax. Affirms Indiana Board of Tax Review final determination valuing the Kerasotes Showplace 12 in Grant County at $4.2 million for the 2006 assessment. The Indiana board found that in determining what the subject property’s assessed value should be, the appraisal offered by Kerasotes was more persuasive than the appraisal offered by the assessor, and the Tax Court will not reweigh the evidence.
 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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