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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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