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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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