ILNews

Opinions Oct. 29, 2010

October 29, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

ADVERTISEMENT