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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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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