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
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.
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
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)
Mortgage foreclosure. Affirms dismissal of Chase Home Finance’s complaint with prejudice.

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

Indiana Tax Court
Grant County Assessor v. Kerasotes Showplace Theatres, LLC
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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. 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?)

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