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Opinions Oct. 30, 2017

The following Indiana Tax Court opinion was posted after IL deadline Friday:
American United Life Insurance Company v. Indiana Department of State Revenue
49T10-1610-TA-53
Tax. Affirms American United Life Insurance Company’s motion for summary judgment and denies the Indiana Department of State Revenue’s cross-motion for summary judgment on AUL’s claim for a refund. Denies the department’s motion to designate the affidavit of Ray Langenberg. Finds the motion to designate was not timely filed. Also finds Indiana Code section 6-2.5-3-5 does not exclude local-level taxes. Finally, finds AUL paid a use tax to a state other than Indiana when it paid the Texas comptroller.

COA tosses two convictions against man who drove into gas pumps

A man who intentionally drove a vehicle into gas pumps during an argument with his son will have two of his convictions thrown out after the Indiana Court of Appeals determined those convictions were based on the same evidence as other similar convictions and, thus, violated double jeopardy.

COA: Illinois and Indiana aggravated battery statutes not substantially similar

The Indiana Court of Appeals has reversed a man’s felony conviction of unlawful possession of a firearm by a serious violent felon after determining the Illinois aggravated battery statute used to establish the man as a serious violent felon is not substantially similar to the same statute in Indiana.

HIV-positive man loses appeal of failure to warn conviction

An HIV-positive man who failed to inform his sexual partner of his AIDS diagnosis and consequently transmitted HIV to her has lost the appeal of his conviction of failure to warn after the Indiana Court of Appeals found sufficient evidence to support that conviction on Monday.

Insurance company entitled to full refund on taxes paid in Texas

The Indiana Department of State Revenue must reimburse an Indianapolis insurance company the full amount of use tax it paid in Texas after the Indiana Tax Court ruled Friday that the tax the company paid in Texas qualifies for a credit under Indiana statute.

Manafort indicted; ex-Trump aide pleads in Russia probe

Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 election revealed its first targets Monday, with a former campaign adviser to President Donald Trump admitting he lied to the FBI about his contacts with Russians. Separately, Trump’s former campaign chairman, Paul Manafort, and a former Manafort business associate were indicted on felony charges of conspiracy against the United States and other counts.

Menendez judge to rule on defense mistrial motion

Defense attorneys for U.S. Sen. Bob Menendez and a wealthy friend have accused the judge in their bribery trial of not letting them present evidence and witnesses to prove their case.

High court traveling to Evansville Monday

The Indiana Supreme Court will travel south Monday to hear oral arguments in Vanderburgh County in a case involving a student’s alleged bomb threat at an Indianapolis school.

Opinions Oct. 27, 2017

Indiana Court of Appeals
Tony Petrovski v. Robert Neiswinger
45A03-1706-CT-1412
Civil tort. Reverses the Lake Circuit Court dismissal of Tony Petrovski’s complaint after a car crash for failure to prosecute. Finds that under the unique facts of the case, including attorney Samuel G. Vazanellis’ “complete abdication of his duties,” dismissal was not warranted. Remands.

COA reinstates suit delayed due to lawyer’s ‘abdication’

Despite an almost two-year span with no action on a car-crash complaint, the Indiana Court of Appeals has ruled the plaintiff may move forward with the suit because the unique facts of the case do not warrant dismissal for failure to prosecute.

COA modifies delinquent adjudication to lesser offense

A teenage boy who threw a rock through a woman’s car window will retain his adjudication as a delinquent child, but the majority of the Indiana Court of Appeals ordered Friday that the evidence requires his adjudication to be based on a lesser offense.

New York defies feds’ ‘sanctuary cities’ order

New York City officials sent a letter to the U.S. Justice Department on Friday defying a directive intended to pressure the city into cooperating more with federal immigration enforcement efforts.

Sessions slams judges for thwarting Trump policies

The nation’s chief law enforcement officer on Thursday blasted federal judges who have thwarted or criticized Trump administration policies, accusing them of trying to veto the president’s decisions because they disagree with him politically.

Opinions Oct. 26, 2017

Indiana Court of Appeals
Matthew Edmonds v. State of Indiana
49A05-1703-CR-400
Criminal. Affirms Matthew Edmonds’ convictions of resisting law enforcement resulting in the death of another person as a Level 3 felony and leaving the scene of an accident as a Level 5 felony. Vacates Edmonds’ two lesser charges of resisting law enforcement and three lesser charges of leaving the scene of an accident. Finds Edmonds may be convicted of only one count of resisting law enforcement, as that is a conduct-based, rather than result-based, crime. Also finds the state provided sufficient evidence to support Edmonds’ conviction of resisting law enforcement resulting in the death of another person. Remands to the Marion Superior Court for resentencing.