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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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