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Opinions Aug. 19, 2011

August 19, 2011
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The following opinion was posted after IL deadline Thursday:
Indiana Tax Court
Miller Brewing Company v. Indiana Dept. of State Revenue
49T10-0607-TA-69
Tax. Grants summary judgment for Miller Brewing Co. and against the Department of State Revenue. For the years at issue, Miller did nothing more than follow the law and its carrier-pickup sales were not Indiana sales and therefore not allocable to Indiana.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
George A. Feuston v. State of Indiana
38A02-1011-CR-1175
Criminal. Affirms denial of Feuston’s motion for discharge of his Class D felony theft charge in Jay County. He caused the delay in the case by absconding and failing to appear at his pretrial conference. Chief Judge Robb concurs in a separate opinion.

S.W. v. E.W. (NFP)

49A02-1104-DR-367
Domestic relation. Affirms in part and reverses in part the dissolution order modifying father E.W.’s child support obligation following a hearing. Remands with instructions to enter an order providing that mother S.W. retain the annual tax exemption for the child.

Zachary Wolfe v. State of Indiana (NFP)
48A02-1011-CR-1284
Criminal. Affirms revocation of probation and order Wolfe serve previously suspended sentence.

Anthony Hollowell v. State of Indiana (NFP)
49A04-1012-CR-736
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

Crystal A. Ridgeway v. Kinser Group II, LLC, et al. (NFP)
53A01-1012-CT-624
Civil tort. Reverses summary judgment for Kaitlynn Sturgis on Ridgeway’s complaint alleging false imprisonment, malicious prosecution, and defamation. Remands for further proceedings.

Theodore Schwartz v. State of Indiana (NFP)
90A04-1102-CR-109
Criminal. Affirms sentence following guilty plea to Class B felony burglary, two counts of Class C felony robbery, Class D felony residential entry, Class D felony auto theft, and Class D felony resisting law enforcement.

Gary W. Moody v. City of Franklin (NFP)
41A05-1011-PL-693
Civil plenary. Dismisses appeal of order denying motion for an injunction following a hearing.

Donald Huesing v. State of Indiana (NFP)
49A02-1012-CR-1316
Criminal. Reverses conviction of Class D felony intimidation.

Indiana Tax Court had posted no opinions at IL deadline.


 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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