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Opinions June 5, 2014

June 5, 2014
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The Indiana Tax Court released the following opinions after IL deadline Wednesday:
Jaklin Idris and Dariana Kamenova v. Marion County Assessor
49T10-1108-TA-49
Tax. Finds the Indiana Board of Tax Review did not err in upholding the 2006 assessment of Idris’ and Kamenova’s condominium unit. Rejects their claims the board abused its discretion in finding that Kamenova failed to establish that their property was entitled to an obsolescence adjustment, and in determining that the assessments of the three other units in their building failed to show that their property was over-assessed; and that the board erred in upholding their assessment given the assessor’s improper use of the “one unit multiple units” classification.

Nick Popovich v. Indiana Department of State Revenue (NFP)
49T10-1010-TA-53
Tax. Reaffirms decision to deny Popovich’s second motion to compel because he had not complied with the requirements of Ind. Trial Rule 26(F).

Thursday’s opinions
Indiana Supreme Court

Victor Ponce v. State of Indiana
20S04-1308-PC-533
Post conviction. Reverses the denial of Ponce’s petition for post-conviction relief, which contended that the Spanish translation of the rights he was waiving by entering the plea was so inaccurate his plea was not entered knowingly, intelligently and voluntarily. In this case Ponce carried his initial burden of demonstrating that at the guilty plea hearing he was not properly advised of the constitutional rights he was waiving by pleading guilty. And the state failed to show that the record as a whole nonetheless demonstrated that Ponce understood his constitutional rights and waived them. Remands for further proceedings.

Indiana Court of Appeals
Larry D. Russell, Jr. v. State of Indiana
84A01-1312-CR-532
Criminal. Reverses sentence following guilty plea to five counts of Class C felony neglect of a dependent and two counts of Class C felony criminal confinement. The plea agreement and sentence were based on the faulty premise that Russell’s sentence must be limited to 10 years under I.C. 35-50-1-2(c). Remands for Russell to have the option to ratify and proceed with the current plea agreement without the illegal sentencing limitation; if he does not exercise that option within 30 days after this opinion has been certified, the plea agreement shall be vacated.

Curtis Oakes v. State of Indiana (NFP)
41A01-1308-PC-379
Post conviction. Affirms denial of petition for post-conviction relief.

Keith Scruggs v. State of Indiana (NFP)
49A05-1307-PC-341
Post conviction. Affirms denial of petition for post-conviction relief.

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