Indiana Tax Court interviews under way

October 27, 2010
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Indiana Lawyer reporter Michael W. Hoskins wrote this blog post.

Four women and three men came before the commission for second interviews, each lasting 25 minutes, with only one break between groups. With only seven people to interview, the commission plans to wrap up about 12:10 p.m. and then deliberate.

In the minutes before the commission began at 9 a.m., Justice Frank Sullivan and newly-installed Indiana Supreme Court Justice Steven David came into the room where they discuss cases in private conference each week. Justice Sullivan drew some laughs when he told a story about how last week, even though it was the first time in 11 years where the second-newest Justice Robert Rucker didn’t have to speak first, he did.

"That didn't stop him from voting first," Justice Sullivan said.

Justices Sullivan and David then offered thought about how important this Tax Court seat is, given that that jurist is the single-most powerful single judgeship in the state with jurisdiction directly under the Supreme Court.

Joby D. Jerrells: First and foremost, he said, a good strong docket is important. Then, he said he’d meet with tax practitioners to hear how they think that tax practice and procedure needs to change. He’d conduct an aging report to determine how old cases are and what could be done more efficiently. Then, he’d look to “enhance, hone, and improve” the jurisprudence that Judge Thomas G. Fisher has created during the past quarter century.

Jerrells would be interested in examining an electronic docket for the Tax Court, and he sees that as being a good test bed to determine how similar efforts can be implemented statewide. Recognizing the significant number of pro se litigants, Jerrells said that he’d ensure those individuals understand the process and know their rights and what’s happening.

Responding to a question about the structure of how appeals come from the Department of Revenue, Jerrells told members that the issue is “brooding” and that the discretion given by the Tax Court to those state agency decisions might need to be examined, possibly by a rule or statute. He also said timeliness should be examined and efficiency should be improved if necessary, particularly since there’s no “lazy judge” rule as exists for state trial courts.

George T. Angelone: The biggest responsibility of the tax judge is providing clear and understandable decisions, using a well thought out system of statutory structure, he said. He’d be interested in being involved in computer issues, such as the JTAC initiatives, and meeting with legislatures. He also would be interested in being a Code and Revision Commission liaison.

Angelone said he would get out of the office and hold court statewide. Answering a question from Chief Justice Randall Shepard, he described the 2002 tax package that involved a sales tax increase as being successful and very influential for the state.

He also talked about how a tax judge must be respectful of the General Assembly, and appearing when requested is a good start if it doesn’t interfere with any pending cases. He’d want to do that, and also work with the bar on addressing substantive issues.

Hon. Karen M. Love: The court is uniquely situated at the intersection of the three branches of government, and the judge’s job is to recognize the court’s role, understand legal issues it’ll deal with, have an ability to lead by example, and to explain its decisions, she said. Indiana can be a leader in tax law as it is seen nationally on jury reform.

As the only state trial judge applying for this post, the Hendricks Superior judge said the tax judge’s responsibility is to provide “timely and affordable justice for all” and that her experience has prepared her for this role on the administrative and legal and judiciary sides. The court must set the pace, provide uniformity, and participate with the entire legal community to make sure everyone understands what’s happening.

During her nearly 16 years on the trial bench, she has observed firsthand the pro se litigant issues and strives to follow the rules and communicate with them about what’s expected. One commission member noted that he was impressed with her writing, and Judge Love noted that she’s learned from the lawyers and other jurists throughout the state. “I’m a product of the legal profession, the judiciary in Indiana. I want you to see what trial judges are like, and I want to make them proud.”

Melony A. Sacopulos: Sacopulos talked about how the Tax Court is a specialty court with one judge that can impact the rest of the judiciary. The judge must follow the judiciary’s vision and strategic plan, be concise in its writing so that rationale and precedent is understood, and make sure that professionalism and fiscal responsible are demonstrated.

She discussed her hard work ethic and professional background and civic involvement, and her experience as treasurer at Indiana State University. Sacopulos said the correct place for a court to opine is in its opinions, and the judge must be careful about passing comments on matters outside of cases – even in interactions with the legislature.

The standard of review is the same as far as how appeals get to the court from state agencies, and she said she wouldn’t presume to offer thoughts on that without being familiar with what might be happening in that process or a specific case. Some streamlining might be needed in property tax assessments, she said. As far as pro se litigants, Sacopulos said the court must be kind, courteous, and respectful and make sure individuals understand the court’s rationale.

A summary of the next round of interviews including Martha Wentworth, Dan Carwile, and Carol Comer will be posted to IL’s website later today. Deliberations are scheduled to start at 12:20 p.m.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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