The following Indiana Tax Court opinion was posted after IL deadline Oct. 25:
AE Outfitters Retail Co. v. Indiana Dept. of State Revenue (NFP)
49T10-1012-TA-66
Tax. Grants AE Outfitters’ motion for partial summary judgment and directs the court to set a case management conference
to discuss all remaining matters by separate order.
Wednesday's opinions
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Anthony D. Laster v. State of Indiana
02A03-1103-CR-91
Criminal. Affirms convictions of Class B felony burglary and four counts of Class B felony robbery, holding the trial court
did not abuse its discretion in denying Laster’s motion for continuance. Remands to the trial court to revise sentence,
holding that in light of the offender’s character and nature of offenses, a fully executed sentence on each count is
not warranted.
Hassan Alsheik v. Alice Guerrero, Individually and as Admin. of the Estate of Israel Arcuri
45A04-1011-CT-680
Civil tort. Affirms trial court’s decision to admit results of a second autopsy, to allow Guererro’s pathologist
to testify as an expert witness and holds the trial court did not abuse its discretion by admitting post-mortem photographs
of the victim. Holds that the trial court erred in denying Guerrero’s request for pre-judgment interest and remands
to the trial court for determination of pre-judgment interest.
Jeff Castetter, Tony Jones, David Strode and Matthew Hickey v. Lawrence Township
49A05-1105-PL-249
Civil plenary. Affirms court’s denial of appellants’ motion for summary judgment and its grant of Lawrence Township’s
motion for summary judgment, holding there is no genuine issue of fact as to the Lawrence Township Fire Department Merit Commission’s
decision to eliminate the rank of battalion chief.
Homestead Finance Corporation v. Southwood Manor L.P. d/b/a Village Green of Southwood Manor and d/b/a
Village Green Mobile Home Park
71A04-1103-CC-167
Civil collection. Reverses trial court’s judgment in favor of Southwood Manor, holding that Homestead Finance was no
longer subject to the Park Owner’s Lien Statute once it released its liens on the mobile homes in question. Remands
to the trial court with instructions to enter judgment in favor of Homestead.
Danielle Garrett v. State of Indiana
49A02-1101-CR-1
Criminal. Affirms conviction of Class A misdemeanors battery on a law enforcement officer and resisting law enforcement,
holding that Garrett failed to establish unlawful entry and that her resistance was not reasonable.
Dustin T. Allen v. State of Indiana
15A04-1101-CR-16
Criminal. Reverses trial court’s judgment denying Allen’s motion to dismiss, holding that he was improperly subjected
to a successive prosecution that is prohibited under Indiana Code 35-41-4-4.
Jason Edward Thomas v. State of Indiana (NFP)
45A03-1102-CR-61
Criminal. Affirms sentences for Class B felony robbery and Class D felony auto theft.
Stephen Grady v. State of Indiana (NFP)
34A04-1011-CR-669
Criminal. Affirms court’s denial of motion for jail time credit.
Earl Lee Russelburg v. State of Indiana (NFP)
82A01-1103-CR-156
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence.
In the Matter of the Paternity of J.W. and A.W. (NFP)
67A04-1103-JP-147
Juvenile. Affirms trial court’s custody determination awarding aunt custody.
Daniel J. Harvey v. State of Indiana (NFP)
45A03-1104-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.
Maria Bodor v. Town of Lowell, Indiana; Board of Zoning of the Town of Lowell, Indiana; Wilbur Cox;
and Frank Lagace (NFP)
45A03-1012-PL-666
Civil plenary. Affirms trial court’s order vacating and lifting its stay of the Town of Lowell’s demolition order
and affirming the entry of that demolition order.
Arlene M. Doub v. State of Indiana (NFP)
20A03-1103-CR-100
Criminal. Affirms conviction of Class D felony receiving stolen property.
Anthony Williams v. State of Indiana (NFP)
29A02-1103-CR-174
Criminal. Affirms court’s revocation of probation and order to serve balance of sentence.
Tenzin Tamding v. State of Indiana (NFP)
49A05-1104-CR-170
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor battery.
Phillip Buhrt v. State of Indiana (NFP)
20A05-1101-PC-43
Post conviction. Affirms denial of petition for post-conviction relief.
Protect-All Insurance Agency, Inc., Robert H. Drake, Jr., and Kevin Surface v. James E. Surface, Sr.,
and Allied Kitchen Equipment Sales, Inc. (NFP)
49A02-1102-PL-136
Civil plenary. Reverses trial court’s grant of summary judgment on three counts of appellants’ counterclaim,
but affirms the judgment of the trial court in all other respects. Remands for proceedings consistent with opinion.
Aaron Spencer v. State of Indiana (NFP)
49A04-1102-CR-68
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Daniel Stovall v. State of Indiana (NFP)
68A01-1106-CR-245
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.
Chester Lloyd v. State of Indiana (NFP)
79A02-1105-PC-520
Post conviction. Affirms denial of petition for post-conviction relief.
Christopher Carter v. State of Indiana (NFP)
15A01-1011-CR-674
Criminal. Affirms sentence for Class C felony intimidation.
Floyd McQueen v. State of Indiana (NFP)
32A04-1103-CR-137
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.
Adam Williams v. State of Indiana (NFP)
79A02-1101-CR-198
Criminal. Affirms convictions of Class B felony conspiracy to manufacture methamphetamine, Class B felony dealing methamphetamine
and three counts of Class D felony possession of precursors.
Demetreous A. Brown, Sr. v. Elisha J. Gray and Paul A. Brown (NFP)
49A02-1009-PL-1124
Civil plenary. Reverses order denying injunctive relief and dismissing Paul Brown as a party, holding appellant showed, prima
facie, that he was not afforded procedural due process. Remands for further proceedings.
Craig S. Conrad v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1103-EX-261
Miscellaneous. Affirms decision finding Conrad was discharged for just cause.
Term. of Parent-Child Rel. of A.R.S. and A.L.S.; L.S. and X.K. v. Indiana Dept. of Child Services
(NFP)
02A04-1103-JT-157
Juvenile. Affirms termination of parental rights of mother and father.
Norman Trent v. State of Indiana (NFP)
54A01-1104-CR-172
Criminal. Affirms trial court’s denial of motion to correct abstract of judgment.
Term. of Parent-Child Rel. of A.J.H.; M.D. v. Indiana Dept. of Child Services and Lake County CASA
(NFP)
45A03-1104-JT-155
Juvenile. Affirms termination of mother’s parental rights.
Kevin Brown v. State of Indiana (NFP)
49A02-1012-CR-1283
Criminal. Affirms on rehearing a previous decision that Brown was not entitled to abandonment defense because his decision
to abandon a robbery attempt was based on extrinsic factors.
Indiana Tax Court had posted no opinions at IL deadline.
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.