Friday’s Opinions

INDIANA TAX COURT

Michael H. Klosinski and Phyllis J. Klosinski v. Dept. of Local Government Finance (NFP)
49T10-0909-TA-50

Tax. Grants the department’s Indiana Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction the Klosinskis’ 2008 tax year claim and Rule 12(C) motion for judgment on the pleadings on the Klosinskis’ 2007 tax year claim.

INDIANA COURT OF APPEALS

A.V. v. State of Indiana
49A02-0905-CR-417

Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated. Defendant’s excessive speed, regardless of the driving conditions or her proximity to others, is sufficient to establish endangerment of a person and support her conviction.

David Nick Reinhart a/k/a Rick Reinhart v. Gregg W. Boeck
06A04-0905-CV-286

Civil. Affirms summary judgment for Boeck on his claim that Reinhart is jointly and severally liable for his business partner’s fraudulent sale of unregistered securities. Boeck has demonstrated that the notes were unregistered securities, that Thomas sold him those securities, and that Reinhart was Thomas’ partner under the Indiana Uniform Securities Act.

Curtis Outlaw v. State of Indiana
49A02-0904-CR-340

Criminal. Reverses conviction of operating a vehicle while intoxicated as a Class A misdemeanor. The state presented sufficient evidence to show Outlaw was intoxicated but holds that the state was required to submit proof of “endangerment” that went beyond mere intoxication in order for the defendant to be convicted of operating while intoxicated as a Class A misdemeanor.