Indiana Dept. of Revenue v. Estate of Bernard A. Daugherty
Tax. Affirms finding by probate court that 45 IAC 4.1-3-11 is valid and the denial of the estate’s motion to dismiss. The probate court didn’t err in concluding the estate’s counterclaim was time-barred pursuant to I.C. Section 6-4.1-7-1 and that it lacked subject matter jurisdiction to decide the propriety of the 10 additional farming-related deductions. Reverses finding that all 12 of the estate’s farming-related expenses were deductible. Remands for calculation of the proper amount of inheritance tax and interest due from the estate, consistent with the opinion.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Phillip Forman v. Wayne Penn, et al.
Civil tort. Dismisses appeal because it isn’t certified for interlocutory appeal or authorized as an appeal from a final judgment pursuant to Ind. Trial Rule 54(B).
Kerry Reinhart v. Kelli Reinhart
Domestic relation. Affirms order denying Kerry’s motion to modify child support ordered pursuant to a decree dissolving the Reinharts’ marriage. Because Kerry agreed to a support amount in excess of the guideline amount, he is estopped to rely on that differential under I.C. Section 31-16-8-1(2) as the sole ground for modifying child support. He may petition to modify child support if he can show a substantial and continuing change in circumstances as to warrant modification.
Dustin Haynes v. State of Indiana
Criminal. Affirms conviction of Class C felony operating a motor vehicle while privileges are forfeited for life. The trial court did not abuse its discretion in denying Haynes’ motion to suppress evidence because the police officer had reasonable suspicion to stop Haynes and therefore the stop was legal.
Andre Goodman v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony criminal recklessness; Class A misdemeanors interference with the reporting of a crime, possession of paraphernalia, and resisting law enforcement; and the finding Goodman is a habitual offender.
Dillion Yakym v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A felony rape and remands for the imposition of consecutive sentences.
Tamra A. Thompson v. Duane Thompson (NFP)
Domestic relation. Affirms decree dissolving marriage.
Paul Fox v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Steven Brown v. State of Indiana (NFP)
Criminal. Affirms admission of evidence relating to a statement Brown made to police in which he admitted robbing the gas station in question. Reverses one conviction of Class B felony robbery and remands for it to be vacated. Affirms convictions of Class B felony robbery, two counts of Class B felony criminal confinement, and Class C felony carrying a handgun without a license.
George Feltner, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class A felony child molesting.
J.R. v. Review Board (NFP)
Civil. Affirms denial of petition for unemployment benefits.
David A. Terry v. State of Indiana (NFP)
Criminal. Affirms convictions of three counts of Class A felony dealing in a schedule II controlled substance, Class D felony maintaining a common nuisance, and two counts of Class C felony possession of a schedule II controlled substance. Revises sentence and remands for re-sentencing.
Robert Anthony Solomon v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine; Class D felonies maintaining a common nuisance and resisting law enforcement; and Class A misdemeanors possession of marijuana and carrying a handgun without a license.
Kurtis Reynolds v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Merle Hawkins v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony possession of paraphernalia and Class C misdemeanor panhandling.
Dmitriy V. Sklyarov v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for Class B felony robbery and Class D felony pointing a firearm at another person.
In the Matter of B.J.N., Alleged to be CHINS; K.S. and R.S. v. Allen County DCS (NFP)
Juvenile. Affirms denial of a motion to correct error following denial of the parents’ motion to intervene and motion to deny change of placement of B.J.N.
Brandi Terry v. Damien Terry (NFP)
Domestic relation. Affirms order finding Brandi in contempt for denying Damien extended parenting time for the summer and the opportunity for additional parenting time pursuant to the right of first refusal.
The Indiana Tax Court had posted no opinions at IL deadline.