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Opinions June 21, 2012

June 21, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Indiana Department of Revenue v. United Parcel Service, Inc.
49S10-1107-TA-417
Tax. Reverses Tax Court’s grant of summary judgment to UPS and denial of the department of revenue’s motion as to whether UPS was exempt from the adjusted gross income tax. None of the summary judgment materials presented to the Tax Court and Supreme Court establishes that during the years in question UPINSCO and UPS Re were doing business within the state of Indiana. Because this is a necessary condition in order to be “subject to” the premium tax, UPS failed in its burden of establishing that it is entitled to summary judgment as a matter of law.

Indiana Court of Appeals
Byron Chan v. State of Indiana
49A02-1110-MI-1024
Miscellaneous. Reverses order that Chan’s vehicle be forfeited for the use of the Indianapolis Metropolitan Police Department and sold for the benefit of the Marion County Law Enforcement fund after he was caught shoplifting $97 in goods from Menards. In Indiana statute, “retail or repurchase value” should be read as meaning the price of the goods without the addition of sales tax due on the transaction, so the property Chan stole does not reach the $100 minimum required to forfeit a vehicle.

Walker Whatley v. State of Indiana (NFP)

49A04-1110-PC-548
Post conviction. Affirms denial of petition for post-conviction relief.

Fernando Padilla-Romo v. State of Indiana (NFP)
20A05-1107-CR-426
Criminal. Affirms conviction of domestic battery in the presence of a minor as a Class D felony.

Glenda A. Wilson v. Roland B. Wilson, Jr. (NFP)
29A04-1112-DR-666
Domestic relation. Reverses order regarding payment of educational expenses by Roland Wilson Jr. for the parties’ minor daughter. Remands with instructions.

Herbert E. Robertson, III v. State of Indiana (NFP)
82A01-1110-CR-465
Criminal. Affirms conviction of Class B felony armed robbery and adjudication as a habitual offender.

Sidney D. Bennett v. State of Indiana (NFP)
55A04-1111-CR-645
Criminal. Affirms conviction of Class C felony child molestation.

Jeffery Roshell v. State of Indiana (NFP)
79A04-1108-CR-430
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing in cocaine.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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