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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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