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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

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