Opinions Dec. 30, 2010

December 30, 2010
Back to TopE-mailPrintBookmark and Share

The following opinions were posted after IL deadline Wednesday.

Indiana Tax Court

AOL, LLC v. Indiana Dept. of State Revenue (NFP)
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)
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.
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.
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
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.
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
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
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
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)
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)
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)
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)
Juvenile. Affirms involuntary termination of parental rights.
Troy H. Worthington Sr. v. State of Indiana (NFP)
Criminal. Affirms sentence following a plea of guilty to criminal recklessness, a Class D felony.
Johnny N. Standberry v. State of Indiana (NFP)
Criminal. Affirms convictions of theft, a Class D felony; and resisting law enforcement, a Class A misdemeanor.
Bernard Markey v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.
Paternity of C.B.; D.B. v. A.C. (NFP)
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)
Juvenile. Affirms trial court’s adjudication of Z.T. as a child in need of services.
Dione J. Osuna v. State of Indiana (NFP)
Criminal. Affirms conviction of possession of a handgun with an obliterated serial number, a Class C felony.
Kenneth Hopper v. State of Indiana (NFP)
Criminal. Affirms sentence following judgment of conviction of guilty but mentally ill.
Chester L. Triplett v. State of Indiana (NFP)
Criminal. Affirms sentence following a plea of guilty to dealing in cocaine, a Class B felony.
Opie W. Glass v. State of Indiana (NFP)
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)
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)
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)
Post-conviction. Affirms denial of petition for post-conviction relief.
Wesley Crabtree v. State of Indiana (NFP)
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)
Criminal. Affirms conviction of and sentence for dealing in cocaine, a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.