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
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
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
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)
Criminal. Reverses conviction of Class B felony possession of cocaine and remands with instructions.

Todd A. Gray, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony attempted robbery.

Robert Kemp v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.