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Opinions Dec. 30, 2010

December 30, 2010
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The following opinions were posted after IL deadline Wednesday.

Indiana Tax Court

AOL, LLC v. Indiana Dept. of State Revenue (NFP)
49T10-0903-TA-7
Tax. Reverses Indiana Department of State Revenue’s final determinations, which denied AOL’s two claims for refund. Orders the department to refund to AOL the use taxes it paid during the tax periods at issue.

United Parcel Service Inc. v. Indiana Dept. of State Revenue (NFP)
49T10-0704-TA-24
Tax. Grants UPS’ motion for summary judgment and denies the Indiana Department of State Revenue’s motion for summary judgment. Reverses the department’s denial of UPS’ claim for refund of corporate income tax for 2000 and its assessment of additional corporate income tax against UPS for 2001.

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Richmond State Hospital, et al. v. Paula Brattain, Francis Ernst, et al.
49A02-0908-CV-718
Civil. Denies the state’s petition and grants the employees’ petition to clarify the Court of Appeals’ instructions on remand for determining the merit employees’ damages. Concludes merit employees are entitled to back pay for the period beginning either 10 days before the filing of the July 29, 1993, complaint, or 10 days before the filing of their individual administrative grievances, whichever comes first, until the date that the state abolished the split class system. The trial court must determine whether the state terminated the split class system on Sept. 12 or Sept. 19, 1993.
 
Kathy Inman v. State Farm Mutual Automobile Insurance Co.
41A01-1005-CT-223
Civil. Reverses trial court’s denial of Inman’s motion for prejudgment interest pursuant to Indiana Code Section 34-51-4-5 in her action against State Farm Mutual Automobile Insurance Company. Remands with instructions that the trial court’s order be amended to require payment of prejudgment interest consistent with this opinion.

Christopher Jewell v. State of Indiana
32A04-1003-CR-187
Criminal. Affirms convictions and aggregate 40-year term for six counts of sexual misconduct and child molesting. Jewell argued recorded statements admitted as evidence in this case were procured and admitted in violation of his federal and state constitutional rights to counsel. Court of Appeals concludes that Jewell’s statements were not obtained unconstitutionally because although Jewell had been charged and had hired counsel in an unrelated case, he had not been charged with the present crimes when the subject phone calls took place.

Paternity of R.M.; K.B. v. S.M.
45A04-1001-JP-14
Juvenile. Reverses and remands trial court’s order granting the motion filed by S.M. (mother) to dismiss K.B.'s (putative father) petition to establish paternity of S.M.’s child, R.M., based on the doctrine of laches. S.M. married R.M.’s presumptive father when S.M. was pregnant with R.M., who was born in 1996. The presumptive father died in 2006, and a home DNA test that year showed a 99.99 percent chance that K.B. is R.M.’s biological father.

Roscoe C. Fry II v. State of Indiana
30A01-1005-CR-244
Criminal. Reverses trial court’s denial of Fry’s motion to correct erroneous sentence. Remands with instructions to determine whether Fry has completed his sentence and probation and, if not, to clarify or modify his sentence as necessary so that the combined term of the executed portion of Fry’s sentence, including any time served prior to the date of the sentencing order, and his probation do not exceed one year.

K.A. v. State of Indiana
49A02-1004-JV-527
Juvenile. Reverses juvenile court’s modification of dispositional orders after K.A. allegedly violated his probation. K.A. contended the juvenile court violated his due process rights by modifying his disposition after a hearing at which the state presented no evidence of the alleged probation violation. Court of Appeals concludes that because the modification was predicated on the alleged probation violation, principles of fundamental fairness required the state to present evidence of the allegation.

Dwayne Rhoiney v. State of Indiana
49A05-1007-PC-482
Post-conviction. Reverses post-conviction court’s denial of petition for post-conviction relief and remands for resentencing.

Hezekiah Colbert v. State of Indiana (NFP)
32A04-1004-CR-259
Criminal. Affirms convictions of Class A felony attempted murder, Class A felony burglary, and finding that Colbert is a habitual offender.
 
Donnie R. Pierce v. State of Indiana (NFP)
49A05-1006-CR-347
Criminal. Concludes the state presented sufficient evidence to convict Pierce of the charged offense, and that the mistake in the Abstract of Judgment should be corrected to enter the conviction of criminal mischief as a Class B misdemeanor.
 
Jeffrey Adams v. State of Indiana (NFP)
28A04-1006-CR-405
Criminal. Affirms convictions of aiding in reckless homicide, criminal recklessness with a deadly weapon, and reckless driving.
 
Termination of Parent-Child Relationship of S.H., et al.; A.M. v. Indiana Dept. of Child Services, et al. (NFP)
49A02-1005-JT-623
Juvenile. Affirms involuntary termination of parental rights.
 
Troy H. Worthington Sr. v. State of Indiana (NFP)
45A03-1004-CR-223
Criminal. Affirms sentence following a plea of guilty to criminal recklessness, a Class D felony.
 
Johnny N. Standberry v. State of Indiana (NFP)
29A02-1003-CR-508
Criminal. Affirms convictions of theft, a Class D felony; and resisting law enforcement, a Class A misdemeanor.
 
Bernard Markey v. State of Indiana (NFP)
49A02-1003-PC-371
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Paternity of C.B.; D.B. v. A.C. (NFP)
29A05-1004-JP-321
Juvenile. Affirms trial court’s order awarding A.C. (father) sole physical and legal custody of the parties’ minor child, C.B.
 
In the Matter of Z.T.; S.W. v. Marion Co. Dept. of Child Services, et al. (NFP)
49A04-1004-JC-252
Juvenile. Affirms trial court’s adjudication of Z.T. as a child in need of services.
 
Dione J. Osuna v. State of Indiana (NFP)
45A03-1005-CR-252
Criminal. Affirms conviction of possession of a handgun with an obliterated serial number, a Class C felony.
 
Kenneth Hopper v. State of Indiana (NFP)
82A01-1006-CR-299
Criminal. Affirms sentence following judgment of conviction of guilty but mentally ill.
 
Chester L. Triplett v. State of Indiana (NFP)
45A03-1001-CR-33
Criminal. Affirms sentence following a plea of guilty to dealing in cocaine, a Class B felony.
 
Opie W. Glass v. State of Indiana (NFP)
30A01-1005-CR-247
Criminal. Affirms conviction of Class C felony burglary and two counts of Class C felony theft.

C.S. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1005-EX-537
Civil. Affirms the determination of the Indiana Department of Workforce Development, which denied unemployment benefits to C.S.
 
Billy R. Case v. State of Indiana (NFP)
40A01-1004-CR-230
Criminal. Affirms sentence for Class B felony sexual misconduct with a minor and trial court’s restitution order.
 
Charles Hartsell Jr. v. State of Indiana (NFP)
20A04-1005-PC-359
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Wesley Crabtree v. State of Indiana (NFP)
49A02-1006-CR-646
Criminal. Affirms trial court’s order revoking probation and imposing the execution of Crabtree’s previously suspended sentence.
 
Kenny Hawkins Jr. v. State of Indiana (NFP)
84A01-1005-CR-268
Criminal. Affirms conviction of and sentence for dealing in cocaine, a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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