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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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.

  3. 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 ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

ADVERTISEMENT