ILNews

Opinions April 1, 2014

April 1, 2014
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Indiana Supreme Court
Bryant E. Wilson v. State of Indiana
27S02-1309-CR-584
Criminal. Reverses trial court denial of motion to correct erroneous sentence and remands for resentencing. Holds that the Indiana Code does not authorize a sentence to be imposed in part as consecutive and in part as concurrent, and orders Wilson resentenced on a rape conviction for an aggregate term not to exceed 50 years in prison.

Indiana Tax Court
The following opinion was issued after IL deadline Monday.

Tannins of Indianapolis, LLC v. Indiana Department of State Revenue
49T10-1303-SC-45
Tax. Affirms final determination that Tannins’ purchases of tasting cards for the Indianapolis wine bar it operates, Tastings, are not exempt from use tax under Indiana Code § 6-2.5-5-8(b), the purchase for resale exemption.

Indiana Court of Appeals
Michael E. McClellan v. State of Indiana
39A04-1305-CR-248
Criminal. Remands to the trial court to hold a new hearing on McClellan’s motion to dismiss. Rules the state should have the opportunity to rebut the presumption of prejudice that its delay in filing charges impaired McClellan’s defense.   

Jeffery Spinks v. State of Indiana (NFP)
82A01-1307-CR-299
Criminal. Reverses conviction for Class B felony sexual misconduct with a minor as an erroneous conviction for which Spinks was not charged but otherwise affirms convictions of three counts of Class A felony child molesting and one count of Class C felony child molesting. The aggregate sentence of 45 years in prison is affirmed.

Scriptfleet, Inc., a Florida Corporation f/k/a Network Express, Inc. v. In Touch Pharmaceuticals, Inc., an Indiana Corporation as successor in interest to MHP Pharmacy, LLC (NFP)
64A05-1308-PL-393
Civil plenary. Reverses grant of summary judgment in favor of In Touch Pharmaceuticals and remands for proceedings to determine what, if any, contractual obligation InTouch owed to Scriptfleet.

Anthony Taylor v. Mark R. Sevier, Superintendent of Miami Correctional Facility (NFP)
52A04-1306-MI-309
Miscellaneous. Reverses grant of summary disposition in favor of Sevier because the Miami Circuit Court lacked jurisdiction to consider Taylor’s post-conviction relief petition. Remands with instructions to transfer the matter to Miami Superior Court.
 
The Indiana Tax Court issued no opinions prior to IL deadline Tuesday. The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.
 

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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