Tax Court: Company creates new tool, entitled to exemption
The Indiana Tax Court has ruled in favor of a Hammond company in its attempt to exempt certain equipment from the state’s sales and use taxes.
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Opinions May 14, 2014 ILD
Indiana Court of Appeals
Kenneth B. Hutslar v. State of Indiana (NFP)
38A02-1310-CR-877
Criminal. Affirms conviction of Class A misdemeanor possession of a cellular telephone or device while incarcerated.
Wachovia Bank N.A., as Trustee for the Registered Holders of GSRPM 2004-1 Mortgage Pass-Through Certificates v. Yevonne Corpening a/k/a Yevonne R. Corpening; Sovereign Bank, et. al. (NFP)
49A04-1308-MF-397
Mortgage foreclosure. Reverses trial court judgment that determined Wachovia is not an equitable assignee of a mortgage despite the fact the bank held a note corresponding to the mortgage.
In re the Matter of the Guardianship and Estate of Jay Carver, an adult v. Margaret Ditteon (NFP)
84A01-1309-GU-409
Guardianship. Affirms denial of Carver’s request that the guardianship be terminated or a different guardian be appointed.
Richard A. Perkey v. State of Indiana (NFP)
20A03-1303-CR-77
Criminal. Grants rehearing to address claims of prosecutorial misconduct and affirms Perkey’s Class B felony rape conviction.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions May 14, 2014
Indiana Supreme Court
State of Indiana v. Tammy Sue Harper
79S02-1405-CR-334
Criminal. Affirms grant of Harper’s motion for a sentence modification sought more than 365 days after she was originally sentenced. The prosecutor’s conduct and communications adequately conveyed the “approval of the prosecuting attorney” required in I.C. 35-38-1-17(b).
Prosecutor’s lack of objection allows judge to modify sentence
In a case where a woman sought modification of her sentence more than a year after it was imposed, the Indiana Supreme Court found that the prosecutor’s conduct satisfied the “approval” requirement of Indiana Code 35-38-1-17(b).
Indy lawyer suspended for 2 years
The Indiana Supreme Court has suspended Indianapolis attorney and developer Paul J. Page from the practice of law for at least two years, although one justice thought he should be disbarred. The suspension stems from his guilty plea to one count of wire fraud in 2013.
Survey shows law firms unlikely to take lead in reinventing the legal market
The most likely change agent in the legal market over the next 10 years won’t be law firms, according to a survey of more than 300 firm leaders around the country. Respondents expect corporate law departments or technology innovations will be the force most likely to lead change.
Attorney’s swim from Alcatraz to benefit cancer research
An Indianapolis attorney will take on the cold, rough waters of San Francisco Bay next month, swimming from Alcatraz Island to raise money for cancer research.
Opinions May 13, 2014 ILD
Indiana Court of Appeals
Antonio Beaven v. State of Indiana (NFP)
49A02-1309-CR-811
Criminal. Affirms adjudication as a habitual offender.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions May 13, 2014
Indiana Supreme Court
In re Mental Health Actions for A.S., Sara Townsend
10S01-1402-MH-113
Mental health. Reverses finding that Sara Townsend was in indirect civil contempt after completing an application to initiate immediate emergency treatment for her co-worker, A.S. The trial court lacked statutory authority to find her in contempt and her actions did not place her under the trial court’s authority to impose sanctions as an inherent power of the judiciary.
Justices: Cop went too far in saying man’s race prevented a fair trial
The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.
Justices: Woman who had co-worker committed not in contempt of court
A Clark Circuit judge lacked statutory authority to find a nurse in indirect civil contempt for completing an application for emergency detention of her co-worker, the Indiana Supreme Court ruled Tuesday.
7th Circuit issues correction in PepperBall opinion
The 7th Circuit Court of Appeals issued an order Monday correcting errors in its May 9 opinion on whether Indiana has jurisdiction to hear a dispute over intellectual property issues between two California companies.
COA: Wife is entitled to maintenance, larger amount of marital estate
The Indiana Court of Appeals has ordered a trial court to divvy up a marital estate with more than 50 percent of it going to the wife because she rebutted the presumption of an equal division.
Opinions May 12, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline Monday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline Monday.
Opinions May 12, 2014
Indiana Tax Court
West Ohio II, LLC v. Marion County Assessor, Marion County Treasurer, and Marion County Auditor
49T10-1404-TA-9
Tax. Grants the county’s motion to dismiss for lack of subject matter jurisdiction West Ohio II’s petition asking the Tax Court to enjoin the collection of property taxes related to a disputed portion of its $39 million assessment. Injunctive relief cannot be granted before an original tax appeal has been initiated.
Lawyer resigns over adding fee requirement to plea deal
An Indianapolis attorney who ran for elected office multiple times has resigned from the bar rather than face a disciplinary charge that he added a demand for a fee to a client’s proposed criminal plea agreement.
Lilly to appeal $450M ruling over poisoned workers in Brazil
Eli Lilly and Co. plans to appeal a ruling from a judge in Brazil that fined the pharmaceutical giant and an Italian firm $450 million for poisoning workers at a manufacturing plant in the South American country.
Judge rejects petitioners’ requests to prevent tax collection
Because petitioners seeking to enjoin the collection of tax filed their petitions before an original tax appeal was initiated, the Indiana Tax Court granted Marion County’s motions to dismiss.
Justices to decide if defendant was ‘annoying’
The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.
Judges reverse judgment in favor of town in water agreement dispute
A trial court erred as a matter of law in its interpretation of a disputed section of a water agreement between a real estate developer and the town of Huntertown; as such, the Indiana Court of Appeals reversed partial summary judgment in favor of the town.