Opinions Dec. 15, 2010

December 15, 2010
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Indiana Supreme Court
Joshua G. Nicoson v. State of Indiana
Criminal. Affirms five-year sentence enhancement for the use of a firearm following Nicoson's convictions of criminal confinement with a deadly weapon as a Class B felony. Holds that adding these years is consistent both with the statutes in question and with the prohibition against double jeopardy.

Hamilton County Property Tax Assessment Board of Appeals & Hamilton County Assessor v. Oaken Bucket Partners, LLC
Tax. Reverses Tax Court’s decision which reversed the state board’s final determination affirming the denial of Oaken Bucket’s exemption application. Charging below-market rent for part of a building rented to a church is insufficient, standing alone, to justify a religious and charitable purpose property tax exemption. Instead, an owner of leased property must provide evidence that it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee.

Indiana Court of Appeals
Henry C. Woodward v. Kimberlee A. Norton
Domestic relation. Affirms trial court finding that Special Judge Michael Gotsch had properly assumed jurisdiction over portions of the parties’ post-dissolution proceeding and finding Woodward in contempt of court for failing to comply with his child support and child support-related obligations. Woodward waived any objection regarding Special Judge Gotsch’s presence in the action.

Jose Reynosa v. Pedcor Construction Corp, et al.
Civil tort. Affirms order granting motion to dismiss with prejudice Reynosa’s complaint alleging negligence after he was injured in a construction accident in Tennessee. The trial court didn’t err in concluding that Reynosa is barred by Tennessee law from pursuing tort claims against Pedcor and other appellees.

James Norwood v. State of Indiana
Criminal. Reverses conviction of invasion of privacy as a Class A misdemeanor. Because the October 9, 2008, protective order expired on October 9, 2009, before the date of the alleged violation on December 26, 2009, the evidence is insufficient to sustain Norwood’s conviction.

Sharon Gill, on her own behalf and on behalf of the estate of Gale Gill, deceased v. Evansville Sheet Metal Works, Inc.
Civil. Affirms grant of Evansville Sheet Metal Works’ motion for summary judgment with respect to Sharon Gill’s complaint that Gale had been exposed to asbestos and died from an asbestos-related disease. Sharon brought her complaint outside the 10-year period stipulated in the Construction Statute of Repose so her claim is barred.

Joe Brewer v. State of Indiana
Criminal. Affirms conviction of sale of alcoholic beverages without a permit as a Class B misdemeanor. There is sufficient evidence to sustain his conviction.

Rick Hill v. State of Indiana (NFP)
Criminal. Affirms convictions of 12 counts of Class A misdemeanor cruelty to an animal and one count of Class D felony improper disposal of an animal that has died.

Robert Murphy v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony robbery, and Class D felony criminal confinement.

Jose Carlos Arce v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

J.S.M. v. B.C.M. (NFP)
Domestic relation. Affirms denial of J.S.M.’s motion to modify custody.

James Alfred Peek, Sr. v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and order Peek serve the balance of his previously suspended sentence in the Department of Correction.

Tilonda Annae Thomas v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony residential entry.

Terry A. Hodge v. State of Indiana (NFP)
Post conviction. Affirms denial of successive petition for post-conviction relief.

Colip-Riggin Corporation v. Rea Riggin & Sons, Inc., et al. (NFP)
Civil plenary. Affirms order granting Rea Riggin & Sons Inc.’s motion to dismiss a complaint alleging breach of contract.

Hummer Transportation, et al. v. Kimberly Spoa-Harty, et al. (NFP)
Civil tort. Affirms jury verdict and judgment on the issue of damages in favor of Spoa-Harty and Harty in a personal injury action.

Justin Croucher v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and execution of nearly all of Croucher’s previously suspended sentence.

Term. of Parent-Child Rel. of M.D., et al.; T.D. v. I.D.C.S. (NFP)
Juvenile. Affirms involuntary termination of parental rights.

M.H. v. Review Board (NFP)
Civil. Affirms decision that M.H. is not eligible for unemployment benefits.

Keith M. Ramsey, M.D. v. Shella Moore, et al. (NFP)
Civil tort. Affirms denial of Methodist Hospital’s motion to dismiss. Reverses denial of Dr. Ramsey’s motion to dismiss. Remands for further proceedings.

Jennifer L. Oder v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance, Class D felony possession of a controlled substance, and Class A misdemeanor possession of marijuana.

Michael D. Robbins v. State of Indiana (NFP)
Criminal. Affirms denial of motion to set aside plea agreement.

Charles E. Justise, Sr. v. State of Indiana (NFP)
Small claims. Affirms dismissal of complaint pursuant to I.C. Section 34-58-1-2.

Indiana Tax Court had posted no opinions at IL deadline.


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