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Opinions Oct. 9, 2013

October 9, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Douglas G. Kildsig v. Warrick County Assessor
82T10-1101-TA-2
Tax. Reverses Indiana Board of Tax Review’s determination that the burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) did not apply to its proceedings. The rule applies to the entire appeals process. Affirms that a portion of Douglas G. Kildsig’s land was properly classified as residential excess acreage for the 2009 tax year. The assessor presented evidence to support Kildsig did not use his land for agricultural purposes.

Indiana Court of Appeals
Specialty Foods of Indiana, Inc., d/b/a Jersey Mike's Subs v. City of South Bend and Century Center Board of Managers
71A05-1302-MI-95
Miscellaneous. Affirms order denying Specialty Foods of Indiana’s complaint for declaratory judgment as to its right to continue operating its business in the college Football Hall of Fame in South Bend under a use management and operations agreement. The force majeure provision of the agreement to be exclusive provider of food and beverages for the College Football Hall of Fame in South Bend is applicable to excuse the Century Center Board of Manager’s nonperformance of its obligations under the agreement because the closure of the Hall of Fame constitutes a “reason not within the reasonable control of Century Center.”

In Re: the Marriage of L.C. v. T.M.
32A01-1303-DR-91
Domestic relation. Reverses denial of mother’s request to modify custody. She presented sufficient evidence of changed circumstances due to participation in a travel soccer league and that modification is in the children’s best interests. Remands for an order to be entered that modifies the custody arrangement in accordance with the children’s best interests.

Custom Radio Corp., Custom Management Group, Inc., Richard Yarger and Robert O'Brien v. Actuaries & Benefit Consultants, Inc., and John M. Fogle
32A01-1303-CC-143
Civil collection. Reverses summary judgment in favor of Fogle and Actuaries & Benefit Consultants Inc. in a suit filed alleging negligent provision of consulting services and breach of oral contract. There is a genuine issue of fact as to whether the appellants’ knew or could have known that their Welfare Benefit Plans were noncompliant with federal law and that their plan contributions were retroactively taxable by April 30, 2004.

Jesse Doyle, Jr. v. State of Indiana (NFP)
15A01-1303-CR-132
Criminal. Affirms denial of request to withdraw guilty plea and eight-year sentence for Class C felony incest.

Derek Dewitt v. State of Indiana (NFP)
49A02-1301-CR-33
Criminal. Affirms imposition of consecutive sentences for Class A felony attempted murder and murder convictions.

Darrell Hix v. State of Indiana (NFP)
49A02-1303-CR-331
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Jeffrey Cook v. State of Indiana (NFP)
48A05-1211-CR-608
Criminal. Affirms refusal by trial court to give Cook’s proffered jury instruction on self-defense because the evidence didn’t support giving it, and affirms convictions of murder, Class B felony prisoner in possession of a dangerous device or material and class D felony criminal gang activity.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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