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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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