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Opinions Sept. 23, 2013

September 23, 2013
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Opinions, Sept. 23, 2013

Indiana Court of Appeals

C. Subah Packer v. The Indiana Department of Workforce Development
93A02-1301-EX-83
Agency action. Affirms determination of a liability administrative law judge that a horse stable owner must pay unemployment compensation taxes plus interest and penalties for employees during the years 2008-2011 because they performed some amount of non-agricultural labor. Because employment records did not establish the amount of wages paid to workers for agricultural or non-agricultural work, a determination that Packer must pay taxes on total compensation for the audit years is not arbitrary, unreasonable, against the evidence or contrary to law.

Antrooine A. Manning, Jr. v. State of Indiana
45A05-1302-PC-83
Post Conviction. Affirms denial of Manning’s petition for post-conviction relief. Finds although Manning was a passenger in the getaway vehicle, his instruction to the driver to “take off” was sufficient to show he resisted law enforcement as an accomplice.

Terry Rexing v. State of Indiana (NFP)
82A01-1212-CR-561
Criminal. Affirms conviction for dealing in methamphetamine, a Class A felony; possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Class D felony; maintaining a common nuisance, a Class D felony; and criminal recklessness, a Class B misdemeanor. Also affirms aggregate 60-year sentence and status as a habitual offender.

Jimmie Jones v. State of Indiana (NFP)
49A04-1303-CR-93
Criminal. Affirms conviction for one count each of robbery and criminal confinement, as Class B felonies.

Jerry Downs v. State of Indiana (NFP)
27A02-1305-CR-427
Criminal. Affirms denial of Downs’s motion to correct erroneous sentence.

The Indiana Supreme Court and the Indiana Tax Court submitted no opinions before IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions before IL deadline.

 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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