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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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