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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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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