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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. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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