ILNews

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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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