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Opinions Feb.2, 2015

February 2, 2015

Indiana Tax Court
Brandenburg Industrial Service Co., an Illinois Corp. v. Ind. Dept. of State Revenue
49T10-1206-TA-37
Tax. Denies Brandenburg’s request that the Department of State Revenue must disclose its potential non-expert witnesses, but orders the department to produce the two pages of handwritten notes that Brandenburg seeks. Finds the department has adequately answered the interrogatory and will not compel it to identify any additional potential non-expert witnesses, but the handwritten notes are relevant.

Justices send post-conviction case back to COA for consideration

February 2, 2015

The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.

Judge orders revenue department to produce handwritten notes

February 2, 2015

Two pages of handwritten notes prepared by an Indiana Department of State Revenue employee must be turned over to an Illinois company challenging the denial of four refund claims, the Indiana Tax Court held Friday.

Appeals court finds high-fence deer hunting not prohibited in Indiana

February 2, 2015

Indiana law does not prohibit “high-fence” hunting of deer in Indiana, nor does it allow for the Department of Natural Resources to create regulations relating to the practice, the Indiana Court of Appeals ruled Monday.

Indiana courts press for $5M for e-filing system

February 2, 2015

Indiana courts are asking lawmakers to allocate an additional $5 million a year so they can implement an electronic filing system that allows litigants to submit paperwork online and gives the public free access to court records.

Winter storm delays child neglect trial in South Bend

February 2, 2015

A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.

Opinions Jan. 30, 2015 ILD

January 30, 2015

Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Affirms convictions of Class B felonies dealing in a schedule II controlled substance and aiding in dealing in methamphetamine, and two counts of dealing in a schedule IV controlled substance as Class C felonies.

Gary Allen Gibson v. State of Indiana (mem. dec.)
39A05-1404-CR-156
Criminal. Affirms convictions and 16-year executed sentence for Class B felony aggravated battery and Class D felony criminal confinement.

Joseph Pohl v. State of Indiana (mem. dec.)
38A02-1404-CR-223
Criminal. Affirms aggregate 30-year sentence for convictions of two counts of Class B felony burglary and two counts of Class D felony theft.

Jon Colin Blauvelt v. State of Indiana (mem. dec.)
53A04-1407-PC-308
Post conviction. Affirms denial of petition for post-conviction relief.

Matthew R. Eden v. State of Indiana (mem. dec.)
41A05-1405-CR-211
Criminal. Affirms revocation of probation and imposition of Eden’s previously suspended sentence after he violated his probation for his conviction of Class C felony possession of a controlled substance.

Tony Frary v. State of Indiana (mem. dec.)
71A03-1406-CR-213
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Termination of the Parent-Child Relationship of: M.B. (Minor Child) and S.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1407-JT-326
Juvenile. Affirms termination of father’s parental rights.

Opinions Jan. 30, 2015

January 30, 2015

7th Circuit Court of Appeals
United States of America v. Anthony Bailey
13-3229
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Finds Bailey’s motion asking for a reduced sentence is best understood as a petition for relief under 28 U.S.C. Section 2255 for a sentence that was imposed contrary to the law. Based on Dorsey v. United States, Bailey should have been subject to a mandatory minimum sentence of only 10 years, instead of 20, after he pleaded guilty in 2011 to distributing crack cocaine. Remands for a new sentencing hearing.

Judges deny request to modify probation to allow contact with daughter

January 30, 2015

The judges on an Indiana Court of Appeals panel had different reasons for affirming the denial of an incarcerated man’s petition to modify his probation so that he could have contact with his daughter.

7th Circuit rules man entitled to new hearing on crack-cocaine sentence

January 30, 2015

The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.

New part-time law school program launched at Indiana Tech

January 30, 2015

Indiana Tech Law School has started a part-time day program to allow students to obtain their J.D. in as many as seven years.

Ex-Evansville official gets 4 years for money laundering

January 30, 2015

A federal judge has sentenced a former Evansville Redevelopment Commission member to four years in prison for money laundering.

4th person faces murder charges in deadly house explosion

January 30, 2015

A man charged Thursday with murder and arson in a deadly Indianapolis house explosion was offered $5,000 to burn down the home two weeks before it was leveled by a natural gas blast, court documents allege.

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January 30, 2015

On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]

Attorney General nominee picks up GOP support

January 29, 2015

Attorney general nominee Loretta Lynch picked up her first Republican endorsement Thursday en route to likely confirmation as the first black woman in the nation's top law enforcement job.

Expungement law still being perfected, legislator says

January 29, 2015

County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.

Opinions Jan. 29, 2015 ILD

January 29, 2015

Indiana Court of Appeals
Samuel L. Hobbs, Jr. v. State of Indiana (mem. dec.)
18A05-1408-CR-394
Criminal. Affirms denial of petition to modify sentence.

P.A. v. State of Indiana (mem. dec.)
49A02-1407-JV-450
Juvenile. Affirms delinquency true findings for acts that would constitute two counts of Class B felony child molesting if committed by an adult.

Deaundra Patterson v. State of Indiana (mem. dec.)
48A02-1404-CR-237
Criminal. Affirms convictions of Class B felony robbery, Class C felonies battery and operating a motor vehicle while privileges are forfeited for life, and Class D felonies resisting law enforcement and battery.

Thomas R. Cox v. Indiana Bureau of Motor Vehicles (mem. dec.)
39A04-1402-MI-88
Miscellaneous. Grants rehearing for sole purpose of ruling on Cox’s previously unaddressed motion for correction. Denies his motion for correction and affirms prior decision in all respects. There is no basis upon which to grant relief under his petition.

James T. Reese v. State of Indiana (mem. dec.)
73A01-1408-CR-341
Criminal. Affirms revocation of probation and order he serve 30 of the 36-month suspended sentence for Class C felony intimidation in the Department of Correction.

Opinions Jan. 29, 2015

January 29, 2015

Indiana Court of Appeals
State of Ind., Consolidated City of Indianapolis/Marion Co., et al. v. El Rodeo #11, LLC
49A05-1406-MI-257
Miscellaneous. Vacates order that Marion County return El Rodeo’s seized funds that are being held in the Tippecanoe County Prosecutor’s Office. The trial court should have granted Marion County’s motion to dismiss its forfeiture complaint against El Rodeo because Tippecanoe County already had the funds. Remands for further proceedings.

Senate votes to raise judicial retirement age

January 29, 2015

Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.

Restaurant not entitled to return of insurance proceeds seized

January 29, 2015

A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.

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