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. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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