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Opinions Dec. 30, 2013

December 30, 2013
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The following Indiana Tax Court was posted after IL deadline Friday:
Joseph & Jeanne Hutcherson v. Robin L. Ward, Hamilton County Assessor
49T10-1302-TA-10
Tax. Denies Hamilton County assessor’s motion to dismiss the Hutchersons’ claims and reverses the Indiana Board of Tax Review’s determination that the Hutchersons’ petitions to correct error for 2004 through 2007 were untimely. Finds the Petition to Correct Error Statute contains no provisions limiting the length of time a taxpayer has to file a petition. Remands for action consistent with the court’s opinion.

Monday's opinions
Indiana Court of Appeals
Rico Nathaniel Morst v. State of Indiana (NFP)
84A01-1305-CR-226
Criminal. Affirms revocation of Morst’s probation.

Jeremiah Joseph Skirvin v. State of Indiana (NFP)
55A01-1305-CR-232
Criminal. Affirms aggregate sentence of 55 years for two counts of sexual misconduct with a minor, as Class B felonies; one count of sexual misconduct with a minor, as a Class C felony; and being adjudicated as a habitual offender.

State of Indiana v. Tammy Sue Harper (NFP)
79A02-1303-CR-272
Criminal. Reverses order from the Tippecanoe Circuit Court modifying the sentence of Harper. Although the prosecuting attorney did not tell the trial court whether it approved of or objected to the sentence modification, the COA held that according to the “clear language” of Indiana Code 35-38-1-17, the prosecutor must approve of a sentence modification if the convicted person has served more than 365 days of his or her sentence.

George Williams v. State of Indiana (NFP)
49A02-1304-CR-326
Criminal. Affirms conviction of attempted murder as a Class A felony.

In the Matter of the Termination of the Parent-Child Relationship of D.M. (Minor Child) and D.D. (Father) v. The Indiana Department of Child Services (NFP)
49A05-1305-JT-258
Juvenile. Affirms termination of father D.D.’s parental rights.

Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
 

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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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