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Opinions Oct. 26, 2011

October 26, 2011
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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.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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