Opinions May 5, 2016

May 5, 2016

The following Indiana Tax Court decision came in after IL deadline Wednesday:
Larry G. Jones and Sharon F. Jones v. Jefferson County Assessor
Tax. Affirms the Joneses must pay taxes on their residence during the 2008 and 2009 tax years even though it wasn’t yet completed.

Thursday's opinions
7th Circuit Court of Appeals
United States of America v. David A. Resnick
United States District Court for the Northern District of Indiana, Hammond Division. James T. Moody, judge.
Criminal. Affirms David Resnick’s convictions of aggravated sexual abuse of a minor, interstate transportation of child pornography, brandishing a firearm in furtherance of a crime of violence and being a felon in possession of a firearm. Finds admission of Resnick’s refusal to take a polygraph test into evidence does not violate his Fifth Amendment rights, and the evidence was sufficient to uphold his firearm conviction. Judge Baurer dissents.

Indiana Court of Appeals
James D. Foutch v. State of Indiana
Criminal. Affirms James Foutch’s 11-year sentence for reckless homicide, a Class C felony, and criminal recklessness, a Class D felony, after he caused an auto accident while under the influence of hydrocodone and Xanax, which killed a man and severely injured hispregnant wife. The COA affirmed his sentence was appropriate in the light of his character and past history.

John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms Inc. (rehearing)
Miscellaneous. Reverses on rehearing the COA’s original decision that fences John Belork wants to build on his property are not partition fences and rules that they are. Because of that, neighbors must help in the building and maintenance of them.

Theodore William Kieffer v. Jennifer Trockman (mem. dec.)
Juvenile. Affirms father must pay attorney fees and costs in calculating his child support obligation and in extending a protective order.