Opinions, Dec. 8, 2010

December 8, 2010
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The following opinion was posted after IL deadline:
Indiana Tax Court

Indiana Dept. of Revenue v. Estate of Bernard A. Daugherty

Tax. Affirms finding by probate court that 45 IAC 4.1-3-11 is valid and the denial of the estate’s motion to dismiss. The probate court didn’t err in concluding the estate’s counterclaim was time-barred pursuant to I.C. Section 6-4.1-7-1 and that it lacked subject matter jurisdiction to decide the propriety of the 10 additional farming-related deductions. Reverses finding that all 12 of the estate’s farming-related expenses were deductible. Remands for calculation of the proper amount of inheritance tax and interest due from the estate, consistent with the opinion.

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Phillip Forman v. Wayne Penn, et al.
Civil tort. Dismisses appeal because it isn’t certified for interlocutory appeal or authorized as an appeal from a final judgment pursuant to Ind. Trial Rule 54(B).

Kerry Reinhart v. Kelli Reinhart
Domestic relation. Affirms order denying Kerry’s motion to modify child support ordered pursuant to a decree dissolving the Reinharts’ marriage. Because Kerry agreed to a support amount in excess of the guideline amount, he is estopped to rely on that differential under I.C. Section 31-16-8-1(2) as the sole ground for modifying child support. He may petition to modify child support if he can show a substantial and continuing change in circumstances as to warrant modification.

Dustin Haynes v. State of Indiana
Criminal. Affirms conviction of Class C felony operating a motor vehicle while privileges are forfeited for life. The trial court did not abuse its discretion in denying Haynes’ motion to suppress evidence because the police officer had reasonable suspicion to stop Haynes and therefore the stop was legal.  

Andre Goodman v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony criminal recklessness; Class A misdemeanors interference with the reporting of a crime, possession of paraphernalia, and resisting law enforcement; and the finding Goodman is a habitual offender.

Dillion Yakym v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A felony rape and remands for the imposition of consecutive sentences.

Tamra A. Thompson v. Duane Thompson (NFP)
Domestic relation. Affirms decree dissolving marriage.

Paul Fox v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Steven Brown v. State of Indiana (NFP)
Criminal. Affirms admission of evidence relating to a statement Brown made to police in which he admitted robbing the gas station in question. Reverses one conviction of Class B felony robbery and remands for it to be vacated. Affirms convictions of Class B felony robbery, two counts of Class B felony criminal confinement, and Class C felony carrying a handgun without a license.

George Feltner, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class A felony child molesting.

J.R. v. Review Board (NFP)
Civil. Affirms denial of petition for unemployment benefits.

David A. Terry v. State of Indiana (NFP)
Criminal. Affirms convictions of three counts of Class A felony dealing in a schedule II controlled substance, Class D felony maintaining a common nuisance, and two counts of Class C felony possession of a schedule II controlled substance. Revises sentence and remands for re-sentencing.

Robert Anthony Solomon v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine; Class D felonies maintaining a common nuisance and resisting law enforcement; and Class A misdemeanors possession of marijuana and carrying a handgun without a license.

Kurtis Reynolds v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Merle Hawkins v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony possession of paraphernalia and Class C misdemeanor panhandling.

Dmitriy V. Sklyarov v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for Class B felony robbery and Class D felony pointing a firearm at another person.

In the Matter of B.J.N., Alleged to be CHINS; K.S. and R.S. v. Allen County DCS (NFP)
Juvenile. Affirms denial of a motion to correct error following denial of the parents’ motion to intervene and motion to deny change of placement of B.J.N.

Brandi Terry v. Damien Terry (NFP)
Domestic relation. Affirms order finding Brandi in contempt for denying Damien extended parenting time for the summer and the opportunity for additional parenting time pursuant to the right of first refusal.

The Indiana Tax Court had posted no opinions at IL deadline.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. 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

  4. 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?)

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