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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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