A circuit or superior court has jurisdiction to enforce an unpaid tax assessment reduced to judgment, but a claim involving a challenge to a collection of a tax or assessment was within the exclusive jurisdiction of the Indiana Tax Court.
Appeals
Stockert v. State, No. 76A04-1504-CR-144, ___ N.E.3d ___, (Ind. Ct. App., Sept. 22, 2015).
By operation of law, defendant’s guilty plea to B-felony criminal deviate conduct rendered him SVP with lifetime registration; DOC therefore properly classified him as such, despite trial court’s erroneous statements that he was required to register for only ten years and was not an SVP.
Smith v. State, No. 24A01-1501-CR-1, ___ N.E.3d ___ (Ind. Ct. App., Sept. 22, 2015).
State-court restitution award to Ponzi scheme victims was improper; their losses resulted from defendant’s related federal crimes, for which restitution had already been ordered. Five counts of conducting business as a broker-dealer without registering constituted a “single episode of criminal conduct”; gravamen of the offense not the precise number of times defendant transacted business, but rather the initial failure to register, which is a grievance against the Secretary of State and did not directly harm the victims.
Pierce v. State, No. 28A05-1502-CR-57, ___ N.E.3d ___ (Ind. Ct. App., Sept. 23, 2015).
Petition to revoke probation based on commission of theft, unlike criminal charge of theft, need not identify the stolen property with specificity.
Slaybaugh v. State, No. 79A02-1411-CR-798, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
Fact that juror was Facebook “friends” with relatives of the victim did not establish juror misconduct, when juror testified that she did not know them personally, and trial court found her testimony truthful.