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Opinions Oct. 31, 2012

October 31, 2012
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The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Wendt, LLP v. Indiana Department of State Revenue
02T10-0701-TA-2
Tax. Affirms the department’s determination that the items predominately used by Wendt for estimate preparations, machinery reassembly and lawn care are not entitled to the public transportation exemption. Reverses all of the department’s remaining determinations because those items are necessary and integral to Wendt’s public transportation process. Remands and orders the department to make the necessary determinations in accordance with the opinion.

Wednesday’s opinions
Indiana Court of Appeals
Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief. Fowler received a benefit at the time he entered into his plea bargain, so he may not now challenge the sentence as illegal.

Larry Michael Caraway v. State of Indiana
47A04-1205-CR-265
Criminal. Affirms sentence for murder following open guilty plea. His sentence is not inappropriate in light of the nature of the offense and his character.

Kevin M. Clark v. State of Indiana
20A05-1202-CR-62
Criminal. Affirms admission of evidence found in his bag and trunk of his car, and the admission of police testimony regarding the conversion of pseudoephedrine to methamphetamine. The police officers had reasonable suspicion to stop the men and because Clark admitted his bag contained marijuana, the trial court did not abuse its discretion in admitting items found in his bag. The police trooper’s testimony regarding conversion was rationally based on her perceptions and was helpful to the determination of facts at issue in the case.

Gaude L. Hughes v. State of Indiana (NFP)
49A05-1203-CR-132
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Billy Fox, Jr. v. Rogers Building Ventures, et al. (NFP)
53A05-1203-CP-160
Civil plenary. Affirms denial of objection to personal jurisdiction and the motion to set aside judgment.

Joshua D. Hughes v. State of Indiana (NFP)
02A03-1112-PC-591
Post conviction. Affirms denial of Ind. Trial Rule 72(E) request for an extension of time within which to appeal the denial of petition for post-conviction relief.

C.L. v. State of Indiana (NFP)
27A02-1203-JV-232
Juvenile. Affirms adjudication as delinquent for what would be Class C felony battery if committed by an adult.

Term. of the Parent-Child Rel. of D.C.: L.B. (father) v. The Indiana Dept. of Child Services (NFP)
82A01-1203-JT-114
Juvenile. Affirms involuntary termination of parental rights.  

Troy and Mary Hill v. Beta Steel Corporation (NFP)
93A02-1203-EX-215
Agency appeal. Affirms denial of death benefits.

In the Matter of the Term. of the Parent-Child Rel. of A.A.M., and B.J. v. Indiana Dept. of Child Services (NFP)
02A03-1201-JT-42
Juvenile. Affirms involuntary termination of parental rights.

Lukuman Aderbigbe v. State of Indiana (NFP)
49A04-1203-PC-219
Post conviction. Affirms denial of petition for post-conviction relief.

Kenneth W. Gilland v. State of Indiana (NFP)
32A01-1203-CR-143
Criminal. Reverses order that Gilland pay more than $20,000 in restitution. Because Gilland agreed to pay nearly $10,000 in restitution in a plea agreement, he may not challenge the portion that relates to the loss in value of a motorcycle on appeal. Remands with instructions to reduce the restitution order to $9,949.62.

James R. Ferguson v. State of Indiana (NFP)
48A02-1110-CR-968
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.

Gregory J. Schnelker v. Indiana Department of Insurance Patient's Compensation Authority (NFP)
49A02-1201-CT-33
Civil tort. Affirms order which declined to award Schnelker damages for loss of wages and capacity and for increased risk of future harm.

Timothy A. Stevens v. State of Indiana (NFP)
64A03-1111-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

Steven Hook, Sr. v. State of Indiana (NFP)
71A04-1204-CR-203
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Grants rehearing and affirms original opinion in all respects, which affirmed the order Williams serve his entire sentence that was suspended at the time of initial sentencing.

Frederic Williams v. State of Indiana (NFP)
49A05-1110-PC-621
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel. of J.D.: W.H. v. Indiana Dept. of Child Services (NFP)
79A02-1203-JT-201
Juvenile. Affirms termination of parental rights.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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