ILNews

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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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