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Opinions Dec. 30, 2013

December 30, 2013
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The following Indiana Tax Court was posted after IL deadline Friday:
Joseph & Jeanne Hutcherson v. Robin L. Ward, Hamilton County Assessor
49T10-1302-TA-10
Tax. Denies Hamilton County assessor’s motion to dismiss the Hutchersons’ claims and reverses the Indiana Board of Tax Review’s determination that the Hutchersons’ petitions to correct error for 2004 through 2007 were untimely. Finds the Petition to Correct Error Statute contains no provisions limiting the length of time a taxpayer has to file a petition. Remands for action consistent with the court’s opinion.

Monday's opinions
Indiana Court of Appeals
Rico Nathaniel Morst v. State of Indiana (NFP)
84A01-1305-CR-226
Criminal. Affirms revocation of Morst’s probation.

Jeremiah Joseph Skirvin v. State of Indiana (NFP)
55A01-1305-CR-232
Criminal. Affirms aggregate sentence of 55 years for two counts of sexual misconduct with a minor, as Class B felonies; one count of sexual misconduct with a minor, as a Class C felony; and being adjudicated as a habitual offender.

State of Indiana v. Tammy Sue Harper (NFP)
79A02-1303-CR-272
Criminal. Reverses order from the Tippecanoe Circuit Court modifying the sentence of Harper. Although the prosecuting attorney did not tell the trial court whether it approved of or objected to the sentence modification, the COA held that according to the “clear language” of Indiana Code 35-38-1-17, the prosecutor must approve of a sentence modification if the convicted person has served more than 365 days of his or her sentence.

George Williams v. State of Indiana (NFP)
49A02-1304-CR-326
Criminal. Affirms conviction of attempted murder as a Class A felony.

In the Matter of the Termination of the Parent-Child Relationship of D.M. (Minor Child) and D.D. (Father) v. The Indiana Department of Child Services (NFP)
49A05-1305-JT-258
Juvenile. Affirms termination of father D.D.’s parental rights.

Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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