Opinions July 17, 2015

Indiana Tax Court
Richard D. Foster v. Indiana Department of State Revenue (mem. dec.)
49T10-1504-TA-17
Tax. Grants Indiana Department of State Revenue’s motion to dismiss. Foster appealed the revenue department’s seizure of his tax refunds and vehicles after he pled guilty to possession of marijuana. However, the Tax Court concluded it lacked subject matter jurisdiction since Foster had not taken his appeal from a final determination of the revenue department.  

Indiana Court of Appeals
David C. Ennik v. State of Indiana
90A02-1409-CR-664
Criminal. Affirms conviction of one count of child molesting, as a Class a felony, and two counts of child molesting, as Class C felonies. Finds the trial court did not abuse its discretion by allowing the victims’ statements and recorded interviews to be admitted at trial instead of having them testify. Rules since Ennik did not renew his severance motion during trial, he waived the matter for appeal.

Segun Rasaki v. State of Indiana (mem. dec.)
49A02-1411-CR-796
Criminal. Affirms conviction of battery of the first victim, as a Class B misdemeanor. Reverses conviction of sexual battery of the second victim, as a Class D felony, and remands with instructions to enter judgment for battery of the second victim, as a Class B misdemeanor.

Jason M. Drinsky v. State of Indiana (mem. dec.)
20A03-1501-CR-7
Criminal. Affirms 10-year sentence, with four years suspended to probation, for possessing material capable of causing bodily injury by an inmate, a level 4 felony.

Curtis D. Keplinger v. State of Indiana (mem. dec.)
35A05-1412-CR-572
Criminal. Affirms 35-year sentence for attempted robbery, a Class B felony, and being a habitual offender.

Kevin J. Mamon v. State of Indiana (mem. dec.)
30A05-1408-CR-372
Criminal. Affirms conviction of battery resulting in bodily injury, a Class D felony.

Thomas Daniel Sayre v. State of Indiana (mem. dec.)
73A01-1411-CR-482
Criminal. Affirms seven-year sentence for pleading guilty to robbery, a Class C felony.