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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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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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