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Opinions Nov. 7, 2012

Indiana Supreme Court
Michael Kucholick v. State of Indiana
12S02-1211-CR-630
Criminal. Justices grant transfer and order Kucholick’s sentence for Class C felony criminal recklessness and Class B misdemeanor criminal mischief revised to the advisory term of four years, all executed. Summarily affirms Court of Appeals decision in all respects. Chief Justice Dickson dissents, believing the trial court’s sentence of seven years should be affirmed.

Justices take case, revise sentence

In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years. 

Ex-employee wins appeal and prejudgment interest

A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.

Judges order trial on couple’s responsibility to unpaid subcontractors

The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.

Candidate facing charges from JQC loses election

Tammy R. Davis, the Democratic challenger to incumbent Republican Judge Steven J. Cox of Franklin Circuit Court, appears to have lost her bid to take over Cox’s spot on the bench. According to unofficial numbers from the Indiana Secretary of State’s office Wednesday morning, Davis received around 4,500 votes; Cox received nearly 6,000 votes.

All appellate judges on the ballot retained by voters

Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.

Opinions Nov. 6, 2012 ILD

The 7th Circuit Court of Appeals released no Indiana opinions before IL deadline. The opinion stories above were issued by the Indiana Supreme Court and Tax Court on Monday. State courts are closed Tuesday for Election Day.


 
 

Opinions Nov. 6, 2012

Indiana Supreme Court
State of Indiana v. Elvis Holtsclaw
49S02-1205-CR-264
Criminal. Reverses dismissal of state’s notice of appeal and remands to the Court of Appeals for consideration of its merits, holding that the appeal is timely under Appellate Rule 9.

White disciplinary proceedings stayed, suspension still in effect

The Indiana Supreme Court agreed Nov. 1 to hold off on proceeding with a disciplinary investigation of former Indiana Secretary of State Charlie White after White requested a stay. His law license, which was suspended in May, remains suspended.

IBA: Tax time is closer than you think — are you prepared?

December 31st is right around the corner, and with it comes important considerations for year-end tax planning. Special breaks are still available for 2012, and taking action before December 31 could reduce taxes for 2013 and beyond.