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Opinions Sept. 1, 2011

September 1, 2011
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The following opinion was posted after IL deadline Wednesday:
Indiana Tax Court

Lyle Lacey v. Indiana Department of State Revenue
49T10-1102-TA-7
Tax. Dismisses Lacey’s petition regarding his 2008 adjusted gross income tax liability. The issues in this action are substantially the same as those decided in Lacey v. Ind. Dep’t of State Revenue (Lacey II), 948 N.E.2d 878 (Ind. Tax. Ct. 2011).

7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mark E. Croy v. State of Indiana
48A02-1012-CR-1383
Criminal. Affirms convictions of Class D felony domestic battery and sentence imposed for that conviction and for Class D felony criminal confinement. The evidence is sufficient to show that Croy and Betty Cox had a spousal relationship at the time Croy attacked his ex-girlfriend. The sentence is appropriate.

In Re: The Marriage of J.D.S. and A.L.S.; M.S. v. A.L.S.
63A01-1102-DR-64
Domestic relation. Affirms dismissal of grandmother M.S.’s petition to modify grandparental visitation. Because M.S. did not file her petition for visitation until after her son’s parental rights were terminated, she no longer has standing as the parent of the children’s parent, and there were no existing visitation rights upon which to bootstrap continued visitation in the wake of the adoption.

Richard M. Clokey v. Penny M. Bosley Clokey
84A01-1009-DR-450
Domestic relation. Affirms trial court’s award of spousal support to Penny Clokey. The trial court was within its discretion to determine that Richard Clokey had transferred and commingled funds from the marital pot to the trust only he had access to and that he had dissipated funds when the court determined the appropriate distribution of the marital pot.

James Casey v. State of Indiana (NFP)
49A05-1101-CR-40
Criminal. Affirms conviction of Class A misdemeanor dealing in marijuana and reverses conviction of Class A misdemeanor possession of marijuana. Remands with instructions.

First Savings Bank, F.S.B. v. Baird Realty Appraisal Consultants, Inc., Richard R. Baird, and Glen Sperzel (NFP)
22A05-1008-CT-479
Civil tort. Affirms dismissal of the bank’s complaint because it was filed outside the two-year statute of limitations for negligence claims.

Sylvester Buckingham, Jr. v. State of Indiana (NFP)
71A03-1102-CR-107
Criminal. Affirms conviction of Class D felony possession of paraphernalia.

Michael L. Edwards v. State of Indiana (NFP)
59A05-1011-PC-769
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of A.T.S. and B.K.T. (NFP)
20A05-1008-DR-564
Domestic relation. Affirms grant of motion to correct error regarding the amount of child support arrearage payable by father and denial of mother’s petition to transfer the case from Indiana to North Carolina. Remands with instructions to conduct a hearing upon mother’s allegation that father is in contempt of court for failure to pay a property settlement judgment.

Rikkia Weatherford v. State of Indiana (NFP)
54A04-1102-CR-65
Criminal. Affirms revocation of probation.

Daniel Wilkins v. State of Indiana (NFP)
02A03-1103-PL-119
Civil plenary. Affirms denial of motion for the return of property that was subject to a forfeiture action by the state.

Anthony Arnold v. State of Indiana (NFP)
31A01-1012-CR-689
Criminal. Affirms convictions of and sentence for Class B felony dealing in methamphetamine, Class D felony maintaining a common nuisance, Class D felony neglect of a dependent, and Class A misdemeanor possession of paraphernalia. Affirms sentence following guilty plea to Class D felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.

McKenna T. Groves v. State of Indiana (NFP)
82A01-1102-CR-115
Criminal. Affirms conviction of Class A misdemeanor conversion.

Oswaldo Santos v. Allen County Sheriff (NFP)
02A05-1010-CT-654
Civil tort. Affirms summary judgment resulting in the dismissal of Santos’ claim against the sheriff.

Thomas Smith v. State of Indiana (NFP)
38A04-1008-CR-478
Criminal. Grants rehearing, vacates portion of earlier decision affirming Smith’s one-year sentence for contempt, and remands to the trial court to re-sentence him to a term not to exceed six months. Affirms original decision in all other respects.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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