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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

49T10-0909-TA-49
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.
33A01-1007-CT-343
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
36A01-1006-DR-276
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
27A02-1003-CR-311
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)
49A02-1004-CR-402
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)
71A04-1005-CR-347
Criminal. Affirms sentence for Class A felony rape and remands for the imposition of consecutive sentences.

Tamra A. Thompson v. Duane Thompson (NFP)
64A03-1003-DR-240
Domestic relation. Affirms decree dissolving marriage.

Paul Fox v. State of Indiana (NFP)
49A05-1003-CR-193
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Steven Brown v. State of Indiana (NFP)
49A02-1002-CR-206
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)
17A04-1005-CR-293
Criminal. Affirms conviction of and sentence for Class A felony child molesting.

J.R. v. Review Board (NFP)
93A02-1006-EX-606
Civil. Affirms denial of petition for unemployment benefits.

David A. Terry v. State of Indiana (NFP)
33A05-1004-CR-305
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)
48A02-1005-CR-587
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)
49A04-1004-CR-224
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Merle Hawkins v. State of Indiana (NFP)
49A05-1005-CR-279
Criminal. Affirms convictions of Class D felony possession of paraphernalia and Class C misdemeanor panhandling.

Dmitriy V. Sklyarov v. State of Indiana (NFP)
18A04-1004-CR-228
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)
02A05-1005-JC-383
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)
41A01-1009-DR-437
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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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