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Opinions June 19, 2013

June 19, 2013
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The following Indiana Tax Court decision was posted after IL deadline Tuesday:
Vodafone Americas Inc. and Vodafone Holdings LLC v. Indiana Dept. of State Revenue
49T10-1002-TA-7
Tax. Denies Vodafone’s motion for summary judgment for refund of adjusted gross income tax paid during taxable years ending March 31, 2005 – March 31, 2008. The income it received as a partner of Cellco had the character of operational income and was therefore not income in the form of “dividends from investments” under I.C. 6-3-2-2.2(g).

Indiana Court of Appeals
Revas Spencer v. Tiffany Spencer
36A04-1211-PO-605
Protective order. Reverses denial of the agreed order dismissing an order of protection submitted by the Spencers to the trial court. Since the word “shall” appears in the statute regarding the trial court’s actions when the petitioner files for the dismissal of a protection order, the trial court didn’t have the discretion to deny the parties’ request to dismiss the protective order.

Floyd Weddle v. State of Indiana

73A01-1209-CR-452
Criminal. Affirms admission of certain evidence after police officers conducted a protective sweep of Weddle’s residence and subsequently searched the premises following the issuance of a search warrant. The scope of the protective sweep was reasonable because officers heard additional movement after taking Weddle into custody and did locate other people in the house.

Josiah Williams v. State of Indiana

49A02-1211-CR-878
Criminal. Affirms conviction of Class B misdemeanor public intoxication. The evidence of probative value exists from which the trial court as the trier of fact could have found Williams guilty beyond a reasonable doubt of public intoxication.

Natalie Rouse v. State of Indiana (NFP)
02A03-1212-CR-550
Criminal. Affirms conviction of Class C misdemeanor operating a motor vehicle without ever receiving a license.

Jason E. Morales v. State of Indiana (NFP)
87A01-1211-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of: M.W., Minor Child, A Child in Need of Services, E.W., Father v. Indiana Department of Child Services (NFP)

49A05-1210-JC-500
Juvenile. Affirms parental participation order entered as part of the juvenile court’s dispositional order.

Corey L. Mosley v. State of Indiana (NFP)
49A02-1203-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Matlock v. State of Indiana (NFP)
49A02-1209-CR-742
Criminal. Affirms admission of evidence police obtained pursuant to a traffic stop.

Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al. (NFP)
49A05-1202-PL-92
Civil plenary. Affirms summary judgment for Wellpoint’s insurers, who denied coverage for Wellpoint’s defense and settlement of a number of lawsuits against it.

King of Clean Automotive, LLC, v. New Truck Alternative, LLC. (NFP)
29A02-1205-MI-414
Miscellaneous. Affirms the ruling that King of Clean’s mechanic’s liens were not valid and the grant of New Truck Alternative’s petition for replevin.

Erica Battle v. State of Indiana (NFP)
49A02-1211-CR-924
Criminal. Remands with instructions that the trial court vacate two of the three Class C forgery convictions and affirms in all other respects.

Christopher Baxter v. State of Indiana (NFP)

22A01-1210-CR-447
Criminal. Affirms murder conviction and reverses Baxter’s 55-year sentence and remands with instructions to sentence him under the correct statute.

Anthony Houston v. State of Indiana (NFP)
49A05-1208-PC-432
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell (NFP)

71A03-1210-DR-420
Domestic relation. Reverses order that the paternal and maternal grandparents participate in family therapy and the court orders with respect to the division of the marital estate to the extent it failed to allocate Pell grants to Caleb Campbell. Remands for modification of the decree of dissolution consistent with this opinion and affirms in all other respects.

In Re: The Marriage of: Bernard Lee, Jr. v. Jackie Smith (NFP)
30A01-1208-DR-380
Domestic relation. Affirms the court’s custody determination for K.L., reverses the court’s order regarding property division and remands for further proceedings.

Bernard L. Strickland v. State of Indiana (NFP)
71A05-1301-CR-10
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanors resisting law enforcement and possession of paraphernalia and for being a habitual offender.

Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1208-CR-360
Criminal. Affirms denial of motion to correct erroneous sentence.

Christopher A. Fischer v. State of Indiana (NFP)
82A04-1207-CR-382
Criminal. Affirms convictions of Class C felony burglary and Class D felonies receiving stolen property and theft.

Wade R. Meisberger v. State of Indiana (NFP)
53A05-1208-CR-452
Criminal. Affirms revocation of suspended sentence.

Tyris D. Lapsley v. State of Indiana (NFP)
02A03-1211-CR-477
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor operating a vehicle while intoxicated.

James H. Suttle, Jr. v. State of Indiana (NFP)

49A02-1211-PC-906
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  3. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  4. I agree. My husband has almost the exact same situation. Age states and all.

  5. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

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