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Opinions Oct. 29, 2010

October 29, 2010
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The following opinion was posted after IL deadline Thursday.
Indiana Tax Court
Dale J. Scopelite and James T. Sheehan v. Indiana Dept. of Local Government Finance (NFP)
49T10-0812-TA-71
Tax. Affirms the Department of Local Government Finance’s final determination approving the City of Hammond’s budget and tax levy for the 2008 tax year.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
John Taele and Sarah Taele v. State Farm Mutual Automobile Insurance Co.
06A01-1004-CT-259
Civil tort. Affirms summary judgment in favor of State Farm. The Taeles aren’t entitled to recover uninsured motorist benefits under their State Farm policy because they themselves were neither directly impacted nor directly physically injured by the accident that killed their daughter. Judge Crone dissents.

J.M. v. D.A.
43A03-1003-DR-183
Domestic relation. Affirms denial of father’s petition to modify child support. The trial court did not err by imputing potential earnings in father’s weekly gross income for purposes of calculating his support obligation after he became a full-time student. Reverses finding father in contempt because the trial court did not find that father has the financial ability to comply. Judge Bradford concurs in part, dissents in part.

Sean H. Chiszar v. State of Indiana
91A04-1004-CR-290
Criminal. Affirms convictions of two counts of Class D felony voyeurism, three counts of Class D felony possession of child pornography, Class A misdemeanors possession of paraphernalia, possession of marijuana, and battery. Chiszar didn’t show the voyeurism statute is unconstitutionally vague; the trial court didn’t abuse its discretion when it admitted evidence deputies obtained after Chiszar had consented to the search of his garage; and there was sufficient evidence to support the search warrant.

Douglas Denzell v. State of Indiana
49A02-1001-CR-89
Criminal. Affirms denial of Denzell’s motion to dismiss criminal charges of Class A misdeneaor resisting law enforcement and Class B misdemeanor public intoxication. Denzell does not satisfy the test in Davis and Habibzadah to show a due process violation because there remains the possibility that he will be restored to competency, even though he cannot be sentenced to an additional term if convicted.  

Y.G. v. Review Board
93A02-1004-EX-538
Civil. Affirms denial of unemployment benefits. There is no indication Y.G. explained his limitations or sought an alternative placement until such time as his disability subsided.

Rebecca Reed-Harrison v. State of Indiana (NFP)
49A04-0912-CR-740
Criminal. Affirms denial of motion to dismiss criminal charge. Remands with instructions.

State of Indiana v. Lynn Wilson (NFP)
49A02-1003-PC-644
Post conviction. Reverses grant of Wilson’s petition for post-conviction relief.

Ivette Haylett v. State of Indiana (NFP)
49A02-1002-CR-113
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Charles Huntley v. State of Indiana (NFP)
49A02-1004-CR-401
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license which was enhanced to a Class C felony due to a prior conviction.

Joel Williams v. State of Indiana (NFP)
18A05-1002-CR-52
Criminal. Affirms sentence following guilty plea to five Class B felonies.

Michael Clay v. State of Indiana (NFP)
20A03-1002-CR-56
Criminal. Affirms convictions of robbery resulting in serious bodily injury as a Class A felony and illegal consumption of alcohol by a minor

Term. of Parent-Child Rel. of A.K.; S.K. v. IDCS (NFP)
76A03-1004-JT-247
Juvenile. Affirms involuntary termination of parental rights.

Tracy D. Price v. State of Indiana (NFP)
48A02-1004-CR-399
Criminal. Affirms decision to order the execution of Price’s suspended sentence after he violated probation terms.

Peters Broadcast Engineering v. WROI-FM (NFP)
25A03-1005-SC-260
Small claims. Affirms judgment in favor of the radio station in a dispute over alleged unpaid balance plus interest of invoices for repair and installation services performed for the station.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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