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Opinions April 25, 2014

April 25, 2014
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The following Indiana Tax Court opinions were posted after IL deadline Thursday:
Nick Popovich v. Indiana Department of State Revenue
49T10-1010-TA-53
Tax. Involves Popovich’s first motion to compel the Indiana Department of State Revenue to respond to 53 of his discovery requests and the department’s motion for a protective order seeking to protect from disclosure of the information and documents he requested.

Nick Popovich v. Indiana Department of State Revenue
49T10-1010-TA-53
Tax. Denies second motion to compel in its entirety. Popovich sought original documents of the requested documents be brought to the deposition pursuant to Indiana Trial Rules 30(B)(5) and 34. The expectation that the movant will make a reasonable effort to resolve discovery disputes with the opposing party before moving to enforce, modify, or limit discovery holds true even in instances where, like here, the entire discovery process has been imbued with acrimony.

Friday’s opinions
Indiana Court of Appeals

Marvin Garner v. State of Indiana
49A02-1310-CR-834
Criminal. Affirms aggregate 60-year sentence for four counts of Class A felony child molesting. His offenses were committed against multiple victims and against the same victims repeatedly, and his victims were young and he abused this position of trust.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Friday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. 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.

  5. 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!!

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