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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. "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

  2. 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."

  3. 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.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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