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Opinions Sept. 23, 2013

September 23, 2013
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Opinions, Sept. 23, 2013

Indiana Court of Appeals

C. Subah Packer v. The Indiana Department of Workforce Development
93A02-1301-EX-83
Agency action. Affirms determination of a liability administrative law judge that a horse stable owner must pay unemployment compensation taxes plus interest and penalties for employees during the years 2008-2011 because they performed some amount of non-agricultural labor. Because employment records did not establish the amount of wages paid to workers for agricultural or non-agricultural work, a determination that Packer must pay taxes on total compensation for the audit years is not arbitrary, unreasonable, against the evidence or contrary to law.

Antrooine A. Manning, Jr. v. State of Indiana
45A05-1302-PC-83
Post Conviction. Affirms denial of Manning’s petition for post-conviction relief. Finds although Manning was a passenger in the getaway vehicle, his instruction to the driver to “take off” was sufficient to show he resisted law enforcement as an accomplice.

Terry Rexing v. State of Indiana (NFP)
82A01-1212-CR-561
Criminal. Affirms conviction for dealing in methamphetamine, a Class A felony; possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Class D felony; maintaining a common nuisance, a Class D felony; and criminal recklessness, a Class B misdemeanor. Also affirms aggregate 60-year sentence and status as a habitual offender.

Jimmie Jones v. State of Indiana (NFP)
49A04-1303-CR-93
Criminal. Affirms conviction for one count each of robbery and criminal confinement, as Class B felonies.

Jerry Downs v. State of Indiana (NFP)
27A02-1305-CR-427
Criminal. Affirms denial of Downs’s motion to correct erroneous sentence.

The Indiana Supreme Court and the Indiana Tax Court submitted no opinions before IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions before IL deadline.

 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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