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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. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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