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Opinions Feb. 17, 2015

February 17, 2015

The following Indiana Tax Court opinion was posted after IL deadline Monday:
Alloy Custom Products, Inc. v. Indiana Department of State Revenue
49T10-1102-TA-17
Tax. Grants summary judgment in favor of the Department of State Revenue and denies Alloy Custom Products’ motion for summary judgment regarding a refund of sales tax paid on utilities Alloy consumed while “rehabilitating” cryogenic tanker trailers between September 2006 and March 2010. Alloy’s rehabilitation process does not produce other, or new, tangible personal property.
 
Tuesday’s opinions
Indiana Court of Appeals

Lori Ann Barcroft v. State of Indiana
49A05-1405-CR-215
Criminal. Reverses bench trial verdict that Barcroft is guilty of murder but mentally ill. The trial court committed fundamental error when it used her request for an attorney, which she made before her statement to police, in its determination of whether she established that she was insane at the time she committed the murder. Judge Friedlander concurs with separate opinion.

Christopher R. Hall v. State of Indiana (mem. dec.)
27A05-1406-CR-267
Criminal. Affirms convictions of Class D felonies domestic battery and strangulation, and Class A misdemeanor invasion of privacy.

Louis Davis v. State of Indiana (mem. dec.)
34A02-1405-CR-372
Criminal. Affirms convictions of Class D felonies receiving stolen property and possession of marijuana.

Reko Deprea Levels v. State of Indiana (mem. dec.)
82A01-1404-CR-177
Criminal. Affirms conviction of Class D felony theft, adjudication as a habitual offender and 6-½-year sentence.

Jerry Miller v. State of Indiana (mem. dec.)
49A02-1405-CR-302
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a blood alcohol content over 0.15.

Bryan Jerman and Property Insurance Services, Inc. v. Cash-Pro, Inc. (mem. dec.)
49A02-1407-CC-453
Criminal. Affirms order denying Jerman’s motion to set aside a default judgment.

Htar Kyoo v. State of Indiana (mem. dec.)
02A03-1405-CR-149
Criminal. Affirms conviction of Class B felony rape.

Anthony D. Evinger v. State of Indiana (mem. dec.)
84A01-1408-CR-327
Criminal. Affirms conviction of Class C felony child molesting.

Dominick Fazzini v. State of Indiana (mem. dec.)
64A04-1406-CR-296
Criminal. Affirms conviction of Class A felony burglary.
 

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