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Opinions Dec. 10, 2012

December 10, 2012
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The following opinion was posted after IL deadline Friday.
Indiana Tax Court

Miller Pipeline Corporation v. Indiana Dept. of State Revenue (NFP)
49T10-1012-TA-64
Tax. Denies Department of State Revenue’s motion for summary judgment on Miller Pipeline Corp.’s appeal of the department’s final determination denying its claim for refund of gross retail (sales) and use tax paid between 2005 and 2007.

Today’s opinions
Indiana Court of Appeals

David Vance v. Francisco Lozano, et al.
02A03-1203-SC-142
Small claim. Reverses judgment in favor of Rock Solid and Lozano on Vance’s breach of contract claim. Finds the parties entered into an enforceable settlement agreement.

Edward Gilliland v. State of Indiana
46A03-1202-CR-97
Criminal. Affirms denial of Gilliland’s motion to dismiss the charging information charging Gilliland with two counts of Class B misdemeanor failure to report child abuse or neglect, but finds the state does not need to amend the information to omit any offense alleged prior to Oct. 5, 2007. Remands for further proceedings. Judge Bailey concurs in part and dissents in part.

Darrell Woodruff v. State of Indiana (NFP)
49A02-1203-CR-247
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor resisting law enforcement.

Term. of the Parent-Child Rel. of A.R., et al. (Minor Children); and T.M. (Mother) v. The Indiana Dept. of Child Services (NFP)
52A02-1205-JC-388
Juvenile. Affirms finding that the four minor children were children in need of services.

Henry Lee Smith, Jr. v. State of Indiana (NFP)
71A03-1204-CR-148
Criminal. Affirms conviction of Class B felony battery.

In Re: the Paternity of E.M.T.; C.J.G. v. M.C.T. (NFP)
48A02-1203-JP-260
Juvenile. Affirms denial of father’s request to change E.M.T.’s surname.

Darnell C. Miller, Sr. v. State of Indiana (NFP)
02A05-1110-PC-703
Post conviction. Affirms denial of petition for post-conviction relief.

Paul Jackson v. State of Indiana (NFP)
48A05-1205-CR-223
Criminal. Affirms sentence following guilty plea to Class C felony robbery.

Stacey Huddleston, Jr. v. State of Indiana (NFP)
20A03-1204-CR-152
Criminal. Affirms conviction and sentence for murder.

Guardianship of L.R.T. and A.J.B.; R.L. and P.L. (Guardians) v. A.B. and R.B. (Parents)
39A04-1208-GU-398
Guardianship. Affirms order terminating guardianship of L.T. and A.J.B. upon the motion of mother A.B.
 

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  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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