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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. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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