ILNews

Opinions Oct. 26, 2011

October 26, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

The following Indiana Tax Court opinion was posted after IL deadline Oct. 25:

AE Outfitters Retail Co. v. Indiana Dept. of State Revenue (NFP)
49T10-1012-TA-66
Tax. Grants AE Outfitters’ motion for partial summary judgment and directs the court to set a case management conference to discuss all remaining matters by separate order.

Wednesday's opinions
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Anthony D. Laster v. State of Indiana
02A03-1103-CR-91
Criminal. Affirms convictions of Class B felony burglary and four counts of Class B felony robbery, holding the trial court did not abuse its discretion in denying Laster’s motion for continuance. Remands to the trial court to revise sentence, holding that in light of the offender’s character and nature of offenses, a fully executed sentence on each count is not warranted.

Hassan Alsheik v. Alice Guerrero, Individually and as Admin. of the Estate of Israel Arcuri
45A04-1011-CT-680
Civil tort. Affirms trial court’s decision to admit results of a second autopsy, to allow Guererro’s pathologist to testify as an expert witness and holds the trial court did not abuse its discretion by admitting post-mortem photographs of the victim. Holds that the trial court erred in denying Guerrero’s request for pre-judgment interest and remands to the trial court for determination of pre-judgment interest.

Jeff Castetter, Tony Jones, David Strode and Matthew Hickey v. Lawrence Township
49A05-1105-PL-249
Civil plenary. Affirms court’s denial of appellants’ motion for summary judgment and its grant of Lawrence Township’s motion for summary judgment, holding there is no genuine issue of fact as to the Lawrence Township Fire Department Merit Commission’s decision to eliminate the rank of battalion chief.

Homestead Finance Corporation v. Southwood Manor L.P. d/b/a Village Green of Southwood Manor and d/b/a Village Green Mobile Home Park
71A04-1103-CC-167
Civil collection. Reverses trial court’s judgment in favor of Southwood Manor, holding that Homestead Finance was no longer subject to the Park Owner’s Lien Statute once it released its liens on the mobile homes in question. Remands to the trial court with instructions to enter judgment in favor of Homestead.

Danielle Garrett v. State of Indiana
49A02-1101-CR-1
Criminal. Affirms conviction of Class A misdemeanors battery on a law enforcement officer and resisting law enforcement, holding that Garrett failed to establish unlawful entry and that her resistance was not reasonable.

Dustin T. Allen v. State of Indiana
15A04-1101-CR-16
Criminal. Reverses trial court’s judgment denying Allen’s motion to dismiss, holding that he was improperly subjected to a successive prosecution that is prohibited under Indiana Code 35-41-4-4.

Jason Edward Thomas v. State of Indiana (NFP)
45A03-1102-CR-61
Criminal. Affirms sentences for Class B felony robbery and Class D felony auto theft.

Stephen Grady v. State of Indiana (NFP)
34A04-1011-CR-669
Criminal. Affirms court’s denial of motion for jail time credit.

Earl Lee Russelburg v. State of Indiana (NFP)
82A01-1103-CR-156
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence.

In the Matter of the Paternity of J.W. and A.W. (NFP)
67A04-1103-JP-147
Juvenile. Affirms trial court’s custody determination awarding aunt custody.  

Daniel J. Harvey v. State of Indiana (NFP)
45A03-1104-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.

Maria Bodor v. Town of Lowell, Indiana; Board of Zoning of the Town of Lowell, Indiana; Wilbur Cox; and Frank Lagace (NFP)
45A03-1012-PL-666
Civil plenary. Affirms trial court’s order vacating and lifting its stay of the Town of Lowell’s demolition order and affirming the entry of that demolition order.

Arlene M. Doub v. State of Indiana (NFP)
20A03-1103-CR-100
Criminal. Affirms conviction of Class D felony receiving stolen property.

Anthony Williams v. State of Indiana (NFP)
29A02-1103-CR-174
Criminal. Affirms court’s revocation of probation and order to serve balance of sentence.

Tenzin Tamding v. State of Indiana (NFP)
49A05-1104-CR-170
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor battery.

Phillip Buhrt v. State of Indiana (NFP)
20A05-1101-PC-43
Post conviction. Affirms denial of petition for post-conviction relief.

Protect-All Insurance Agency, Inc., Robert H. Drake, Jr., and Kevin Surface v. James E. Surface, Sr., and Allied Kitchen Equipment Sales, Inc. (NFP)
49A02-1102-PL-136
Civil plenary. Reverses trial court’s grant of summary judgment on three counts of appellants’ counterclaim, but affirms the judgment of the trial court in all other respects. Remands for proceedings consistent with opinion.

Aaron Spencer v. State of Indiana (NFP)
49A04-1102-CR-68
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Daniel Stovall v. State of Indiana (NFP)
68A01-1106-CR-245
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.

Chester Lloyd v. State of Indiana (NFP)
79A02-1105-PC-520
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher Carter v. State of Indiana (NFP)
15A01-1011-CR-674
Criminal. Affirms sentence for Class C felony intimidation.

Floyd McQueen v. State of Indiana (NFP)
32A04-1103-CR-137
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.

Adam Williams v. State of Indiana (NFP)
79A02-1101-CR-198
Criminal. Affirms convictions of Class B felony conspiracy to manufacture methamphetamine, Class B felony dealing methamphetamine and three counts of Class D felony possession of precursors.

Demetreous A. Brown, Sr. v. Elisha J. Gray and Paul A. Brown (NFP)
49A02-1009-PL-1124
Civil plenary. Reverses order denying injunctive relief and dismissing Paul Brown as a party, holding appellant showed, prima facie, that he was not afforded procedural due process. Remands for further proceedings.

Craig S. Conrad v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1103-EX-261
Miscellaneous. Affirms decision finding Conrad was discharged for just cause.

Term. of Parent-Child Rel. of A.R.S. and A.L.S.; L.S. and X.K. v. Indiana Dept. of Child Services (NFP)
02A04-1103-JT-157
Juvenile. Affirms termination of parental rights of mother and father.

Norman Trent v. State of Indiana (NFP)
54A01-1104-CR-172
Criminal. Affirms trial court’s denial of motion to correct abstract of judgment.

Term. of Parent-Child Rel. of A.J.H.; M.D. v. Indiana Dept. of Child Services and Lake County CASA (NFP)
45A03-1104-JT-155
Juvenile. Affirms termination of mother’s parental rights.

Kevin Brown v. State of Indiana (NFP)
49A02-1012-CR-1283
Criminal. Affirms on rehearing a previous decision that Brown was not entitled to abandonment defense because his decision to abandon a robbery attempt was based on extrinsic factors.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

ADVERTISEMENT