ILNews

Opinions April 1, 2014

April 1, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

ADVERTISEMENT