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Opinions Nov. 22, 2011

November 22, 2011
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The following Indiana Tax Court opinions were posted after IL deadline Monday:
Estate of Christine L. Neterer, Deceased; Deborah Pollock and Marilyn Humbarger, Co-Personal Representatives v. Indiana Dept. of State Revenue
49T10-1006-TA-26
Tax. Affirms probate court’s grant of summary judgment in favor of the Indiana Department of Revenue, holding that Neterer is not entitled to a refund of estate tax, because she was unable to prove that she was entitled to a 30 percent discount, and that the Value of Decedent’s Interest in Real Estate was unverified, unsigned, prepared by an anonymous person and failed to disclose how the 30 percent discount was calculated.

Gordon A. Etzler v. Indiana Dept. of State Revenue

45T10-1105-TA-38
Tax. Dismisses appeal on the grounds that the Tax Court lacks subject matter jurisdiction, holding that Etzler’s complaint is not about Indiana’s tax laws, but rather about a collection matter arising from a final judgment against Dodson in Marshall Circuit Court.

Today’s opinions:

7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court
Lisa Gray v. State of Indiana

82S01-1106-CR-328
Criminal. Reinstates trial court’s guilty verdict on Gray’s charge of Class A misdemeanor possession of marijuana, rejecting the argument that insufficient evidence existed to support her conviction. Holds that the word of two police officers held more influence with the trial court than the testimony of Gray’s son, whom Gray appeared to be coaching during trial about how to answer questions.

Indiana Court of Appeals
DeGood Dimensional Concepts, Inc. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1104-EX-390
Miscellaneous. Affirms Indiana Department of Workforce Development Review Board’s finding that substantial evidence exists to support the argument that DeGood Dimensional Concepts failed to prove that employee John Wilder violated a reasonable and uniformly enforced attendance rule. Reverses board and administrative law judge’s conclusion that Wilder would not have been discharged except for the existence of all the reasons stated by the employer. Remands for consideration of those reasons and for additional findings as to whether Wilder was discharged for just cause.

Amanda D. Brown v. State of Indiana
62A01-1105-CR-224
Criminal. Reverses sentence and remands to trial court to recalculate credit for time served and for hearing on whether Brown is entitled to credit time for the days she participated in a drug-treatment program.

Thormonn Lawrence v. State of Indiana (NFP)
71A03-1104-CR-152
Criminal. Affirms conviction for Class A misdemeanor battery and Class D felony domestic battery.

Steven R. Farrell v. State of Indiana (NFP)
04A03-1101-CR-21
Criminal. Affirms conviction of murder and sentence for murder and Class B felony unlawful possession of a firearm by a serious violent felon.

Katina D. Logan v. State of Indiana (NFP)
48A04-1104-CR-186
Criminal. Affirms sentences for Class D felony neglect of a dependent and associated charges.

Durell Rhymes v. State of Indiana (NFP)
49A02-1104-CR-371
Criminal. Affirms conviction for Class D felony theft.  

Timothy Wright v. State of Indiana (NFP)
18A02-1005-CR-490
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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