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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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