Monday, February 10, 2014
Ind. Decisions - Transfer list for week ending February 7, 2014
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Here is the Clerk's transfer list for the week ending Friday, February 7, 2014. It is 3 pages (and 35 cases) long.
Eight transfers were granted last week:
- Tin Thang v. State of Indiana - An Oct. 31, 2013 COA opinion: "Finding that the evidence is insufficient to establish that the intoxicated Thang alarmed another person within the mean of the statute or endangered either his life or another person’s life, we reverse."
- Eric Danner v. State of Indiana - this is an Oct. 30, 2013 NFP opinion affirming the post-conviction court's finding that Danner failed to prove his ineffective assistance of trial counsel claim.
- State of Indiana v. Molly Gray - This is a Nov. 13, 2013 opinion where the COA concluded:
Without addressing the validity of the initial stop, we conclude that the free-air canine sniff was not conducted incidental to the traffic stop and so required reasonable suspicion to justify increasing the duration of the stop. Finding that Officer Jackson lacked reasonable suspicion, we hold that the seizure was a violation of the Fourth Amendment and that the trial court did not err in suppressing the evidence. We affirm.
- In the Matter of the Termination of the Parent-Child Relationship of I.P., Minor Child and His Father, T.P. T.P. (Father) v. Child Advocates, Inc. and Indiana Department of Child Services - This Oct. 29, 2013 COA opinion is one of several:
... stemming from Magistrate Cartmel’s resignation to reach this court. Magistrate Cartmel resigned after the hearing without reporting factual findings or conclusions to the juvenile court. As a result, the case was transferred to Magistrate Larry Bradley. Magistrate Bradley reviewed the record and reported factual findings and conclusions to Judge Marilyn Moores, who approved Magistrate Bradley’s findings and conclusions and issued an order terminating Mother’s parental rights. * * * We conclude that Magistrate Bradley’s subsequent recommended order terminating Father’s parental rights did not violate the trial rules or Father’s right to due process. Thus, we decline to set aside the order terminating Father’s parental rights and affirm the judgment of the trial court.
- Indiana State Ethics Commission, an agency of the State of Indiana, Office of Inspector General, an agency of the State of Indiana, and David Thomas, in his official capacity of Inspector General v. Patricia Sanchez - This was an Oct. 8th, 2013 COA opinion ruling:
Pursuant to Indiana Code Section 4-2-6-4(b)(2), if the OIG’s ethics complaint is not supported by probable cause the Ethics Commission may either “dismiss the complaint,” I.C. § 4-2-6-4(b)(2)(A)(iii), or “refer the alleged violation for additional investigation by the inspector general,” I.C. § 4-2-6-4(b)(2)(C). But there is nothing left for the inspector general to investigate here. As explained above, the trial court in the earlier criminal action found the information underlying the OIG’s ethics complaint to be stale and the evidence seized based on that information to be without probable cause. Those conclusions are only more true with the ensuing passage of time. Thus, the only option left for the Ethics Commission would be for it to formally dismiss the complaint. But we need not remand for mere formality. We affirm the trial court’s judgment.
- Caterpillar, Inc. v. Indiana Department of State Revenue - This is a March 28, 2013 Tax Court decision re:
... whether Caterpillar’s FSDs are deductible in calculating its Indiana NOLs, including those available for carryover as a deduction from taxable income in future years under Indiana Code § 6-3-2-2.6.1 The Court finds that they are.
- In Re: The Carroll County 2012 Tax Sale Twin Lakes Regional Sewer District v. Steven E. Hruska, Virginia Hanna, and Equity Trust Company FBO #80677 and Carroll County, Indiana, by and through the Caroll County Auditor - This is an Aug. 8, 2013 COA opinion concluding: "that the trial court properly determined that the statute prohibits foreclosure on the property at a tax sale when an unpaid sewer bill is the only lien that exists on the property. Thus, we affirm the judgment of the trial court."
- In the Matter of the Termination of the Parent-Child Relationship of: S.B., Ay.B., A.B. & K.G. (Minor Children) and K.G. (Mother) v. Marion County Department of Child Services, Child Advocates, Inc. - This is another Oct. 29, 2013 COA opinion where "Magistrate Cartmel resigned after the hearing without reporting factual findings or conclusions to the juvenile court" and the COA found "that Magistrate Bradley did not err by reviewing the record and reporting findings and conclusions to Judge Moores without holding a new evidentiary hearing. We affirm the termination of Mother’s parental rights."
Posted by Marcia Oddi on February 10, 2014 10:16 AM
Posted to Indiana Transfer Lists