Opinions Jan. 24, 2014

January 24, 2014
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Indiana Tax Court
William W. Thorsness v. Porter County Assessor
Tax. Affirms final determination of the Indiana Board of Tax Review regarding Thorsness’ 2007 real property assessment. The burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) and its progeny applies only to valuation challenges, not to uniform and equal constitutional challenges. Concludes that the Indiana Board of Tax Review did not err by determining that Thorsness’ ratio study did not demonstrate that the assessor’s assessment lacked uniformity.

Indiana Court of Appeals
Saral Reed and Durham School Services, Inc. v. Richard Bethel
Civil. Affirms a $3.9 million jury verdict in favor of Richard Bethel, who was struck by a school bus as he rode a bicycle to school. The appellate panel held that Reed and Durham were not deprived of a fair trial, that evidence the jury considered was properly admitted, and that the jury’s damages award is supported by evidence in the record.

State Farm Mutual Automobile Insurance Company v. Kimberly S. Earl and The Estate of Jerry Earl
Civil. Reverses a trial court award of $250,000 in favor of Earl and the estate and remands for a new trial, holding in a 2-1 opinion that evidence of the limits for an uninsured motorist policy was prejudicial to State Farm and should be ruled inadmissible as has been done in states such as Florida and Nebraska. Judge Patricia Riley dissents and would affirm the trial court, writing that prejudicial error is not established merely because the jury awarded the policy limit, but rather the jury awarded the policy limit in light of overwhelming evidence.

Jeffrey A. Cleary v. State of Indiana
Criminal. Affirms conviction of Class B felony causing death when operating a vehicle with a blood-alcohol content over 0.15 and various lesser counts for which a 14-year sentence was imposed. The court rejected Cleary’s claim that his conviction in a retrial after a judge denied his request for a directed verdict constituted double jeopardy. Judge Terry Crone dissented, finding that the court should have entered judgment on a conviction of a misdemeanor drunken-driving charge after Cleary’s first trial, and that the retrial was a violation of his Article I, Section 14 protections against double jeopardy under the Indiana Constitution.

Roberta Himes v. Bruce Thompson (NFP)
Civil. Affirms jury damages verdict of $13,600 in favor of Roberta Himes resulting for an auto collision.

Jess G. Revercomb, Sr. v. Yellow Book Sales and Distribution Company, Inc. (NFP)
Collection. Affirms trial court judgment that Revercomb assumed liability as both a corporate representative and a personal guarantor when he signed advertising contracts with Yellow Book on behalf of a construction company.

Randall Capatina v. State of Indiana (NFP)
Criminal. Affirms four-year executed sentence for conviction of Class C felony disarming a law-enforcement officer.
Jerry Dillon v. State of Indiana, Burton A. Padove, Laurie Leber, and Patricia Pitcher (NFP)
Civil tort. Affirms dismissal of Dillon’s complaint.

Jason Halcomb v. State of Indiana (NFP)
Criminal. Affirms conviction of two counts of Class A felony child molesting and 40-year sentence. Judge Elaine Brown dissents, finding the sentence inappropriate in light of the nature of the offenses and Halcomb’s character, and would sentence him to no more than the advisory term.

Wesley Lee v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

In the Matter of: N.W. (minor child), a Child in Need of Services; A.B. (Mother) and No.W. (Father) v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms determination that N.W. is a child in need of services.

Timothy Michael v. Gene Chandler (NFP)
Small claims. Affirms judgment of $5,697.50 in favor of Chandler.

Michael Sakha v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief from a 50-year sentence for Class A convictions of attempted murder, attempted robbery and misdemeanor carrying a handgun without a license.

Carlton Hillman v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in cocaine and Class B felony dealing in a narcotic drug.

In the Matter of the Termination of the Parent-Child Relationship of: O.M. and T.M. (Minor Children), and B.M. (Father) v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Indiana Supreme Court issued no opinions by IL deadline.
7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.



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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"