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Opinions Oct. 31, 2012

October 31, 2012
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Wendt, LLP v. Indiana Department of State Revenue
02T10-0701-TA-2
Tax. Affirms the department’s determination that the items predominately used by Wendt for estimate preparations, machinery reassembly and lawn care are not entitled to the public transportation exemption. Reverses all of the department’s remaining determinations because those items are necessary and integral to Wendt’s public transportation process. Remands and orders the department to make the necessary determinations in accordance with the opinion.

Wednesday’s opinions
Indiana Court of Appeals
Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief. Fowler received a benefit at the time he entered into his plea bargain, so he may not now challenge the sentence as illegal.

Larry Michael Caraway v. State of Indiana
47A04-1205-CR-265
Criminal. Affirms sentence for murder following open guilty plea. His sentence is not inappropriate in light of the nature of the offense and his character.

Kevin M. Clark v. State of Indiana
20A05-1202-CR-62
Criminal. Affirms admission of evidence found in his bag and trunk of his car, and the admission of police testimony regarding the conversion of pseudoephedrine to methamphetamine. The police officers had reasonable suspicion to stop the men and because Clark admitted his bag contained marijuana, the trial court did not abuse its discretion in admitting items found in his bag. The police trooper’s testimony regarding conversion was rationally based on her perceptions and was helpful to the determination of facts at issue in the case.

Gaude L. Hughes v. State of Indiana (NFP)
49A05-1203-CR-132
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Billy Fox, Jr. v. Rogers Building Ventures, et al. (NFP)
53A05-1203-CP-160
Civil plenary. Affirms denial of objection to personal jurisdiction and the motion to set aside judgment.

Joshua D. Hughes v. State of Indiana (NFP)
02A03-1112-PC-591
Post conviction. Affirms denial of Ind. Trial Rule 72(E) request for an extension of time within which to appeal the denial of petition for post-conviction relief.

C.L. v. State of Indiana (NFP)
27A02-1203-JV-232
Juvenile. Affirms adjudication as delinquent for what would be Class C felony battery if committed by an adult.

Term. of the Parent-Child Rel. of D.C.: L.B. (father) v. The Indiana Dept. of Child Services (NFP)
82A01-1203-JT-114
Juvenile. Affirms involuntary termination of parental rights.  

Troy and Mary Hill v. Beta Steel Corporation (NFP)
93A02-1203-EX-215
Agency appeal. Affirms denial of death benefits.

In the Matter of the Term. of the Parent-Child Rel. of A.A.M., and B.J. v. Indiana Dept. of Child Services (NFP)
02A03-1201-JT-42
Juvenile. Affirms involuntary termination of parental rights.

Lukuman Aderbigbe v. State of Indiana (NFP)
49A04-1203-PC-219
Post conviction. Affirms denial of petition for post-conviction relief.

Kenneth W. Gilland v. State of Indiana (NFP)
32A01-1203-CR-143
Criminal. Reverses order that Gilland pay more than $20,000 in restitution. Because Gilland agreed to pay nearly $10,000 in restitution in a plea agreement, he may not challenge the portion that relates to the loss in value of a motorcycle on appeal. Remands with instructions to reduce the restitution order to $9,949.62.

James R. Ferguson v. State of Indiana (NFP)
48A02-1110-CR-968
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.

Gregory J. Schnelker v. Indiana Department of Insurance Patient's Compensation Authority (NFP)
49A02-1201-CT-33
Civil tort. Affirms order which declined to award Schnelker damages for loss of wages and capacity and for increased risk of future harm.

Timothy A. Stevens v. State of Indiana (NFP)
64A03-1111-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

Steven Hook, Sr. v. State of Indiana (NFP)
71A04-1204-CR-203
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Grants rehearing and affirms original opinion in all respects, which affirmed the order Williams serve his entire sentence that was suspended at the time of initial sentencing.

Frederic Williams v. State of Indiana (NFP)
49A05-1110-PC-621
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel. of J.D.: W.H. v. Indiana Dept. of Child Services (NFP)
79A02-1203-JT-201
Juvenile. Affirms termination of parental rights.
 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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