Opinions Dec. 22, 2014

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The following opinions were posted after IL deadline Friday:
7th Circuit Court of Appeals

United States of America v. Milford J. Clark
12-1417
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction for bank robbery. Clark was not deprived of his Sixth Amendment right to proceed pro se. Any errors in admission of evidence were harmless since Clark met the physical description of the robber and his DNA was found at the bank.

Indiana Tax Court
Lowe's Home Centers, LLC v. Indiana Dept. of State Revenue
49T10-1201-TA-6
Tax. Grant summary judgment for Lowes regarding the tax years 2007, 2008 and 2009. Lowes properly self-assessed and remitted use tax on construction material incorporated into its customers’ real property during those tax years.

Monday’s opinions
Indiana Court of Appeals

Alexander Gul v. City of Bloomington
53A04-1408-MI-1428
Miscellaneous. Affirms summary judgment in favor of the city of Bloomington on Gul’s complaint appealing an administrative conclusion that he had violated the grass-height ordinance. The ordinance does not violate Article 1, sections 3 or 9 of the Indiana Constitution nor does it violate the First Amendment of the U.S. Constitution.

Richard C. Gross v. State of Indiana
20A05-1406-CR-293
Criminal. Affirms convictions and 100-year sentence for two counts of murder. The trial court did not abuse its discretion in denying his motion to withdraw his guilty pleas and his sentence is not inappropriate.

Sprit Food Mart, Inc., Keystone Marathon, Inc., and Fours Investment Group, Inc., v. RS Petroleum, Inc. (NFP)
49A02-1308-PL-732
Civil plenary. Affirms final partial judgment in favor of RS Petroleum in a lease dispute.

In the Matter of the Term. of the Parent-Child Relationship of: D.H. and J.H. and H.G. and J.H. v. The Ind. Dept. of Child Services (NFP)
35A02-1407-JT-474
Juvenile. Affirms termination of parental rights.

Matthew Lucas Major v. State of Indiana (NFP)
53A01-1404-CR-158
Criminal. Affirms convictions and 90-year sentence for six counts of Class A felony child molesting.

James W. Tate v. State of Indiana (NFP)
84A04-1403-CR-140
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor resisting law enforcement.

Heidi Carpenter v. State of Indiana (NFP)
49A02-1405-CR-348
Criminal. Affirms felony murder conviction.

 

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