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Opinions Feb. 17, 2012

February 17, 2012
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The following opinions were posted after IL deadline Thursday:
Indiana Supreme Court

Amir H. Sanjari v. State of Indiana
20S03-1105-CR-268
Criminal. Holds that Indiana Code Section 35-46-1-5 permits a separate Class D felony conviction for nonsupport of each dependent child, but only one such offense may be enhanced to a Class C felony where the unpaid support for one or more of such children is $15,000 or more. Orders one conviction of nonsupport of a dependent as a Class C felony conviction entered as to one child and one Class D felony entered as to the other child and that Sanjari be resentenced accordingly.

Indiana Tax Court
Tipton County Health Care Foundation, Inc, f/k/a Tipton County Memorial Hospital Foundation v. Tipton County Assessor
49T10-1101-TA-6
Tax. Affirms that the Indiana Board of Tax Review properly determined that the Tipton County Health Care Foundation Inc. failed to raise a prima facie case that its assisted living facility is exempt from property tax under Indiana Code 6-1.1-10-16. Given that the record in this case simply does not indicate whether Miller’s Health System – which operates the facility – has a charitable purpose or a profit motive, the court agrees with the Indiana board’s finding that the foundation failed to raise a prima facie case that Autumnwood is entitled to a charitable purposes exemption.

Friday’s opinions
7th Circuit Court of Appeals

United States of America v. Samuel T. Henzel
11-2293
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms 135-month sentence imposed following guilty plea to traveling across state lines with the intent to engage in illicit sexual conduct. The District Court miscalculated the imprisonment range favorably to Henzel, and the sentence imposed is actually within the correctly calculated range.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Barry Cook v. State of Indiana (NFP)
27A05-1107-CR-402
Criminal. Reverses conviction of Class B felony possession of cocaine and remands with instructions.

Todd A. Gray, Jr. v. State of Indiana (NFP)
71A05-1106-CR-308
Criminal. Affirms conviction of Class B felony attempted robbery.

Robert Kemp v. State of Indiana (NFP)
71A03-1107-CR-338
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct.
 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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