The following opinion was posted after IL deadline Monday.
Indiana Tax Court
Hubler Realty Company v. Hendricks County Assessor
49T10-1001-TA-5
Tax. Affirms Indiana Board of Tax Review’s upholding of the Hendricks County Property Tax Assessment Board of Appeals’
assessment of Hubler’s commercial properties for the 2006 tax year. The assessor’s testimony doesn’t suggest
that her assessments or her determination as to the propriety thereof were the products of sales chasing, spot assessments,
or selective reappraisals. The PTABOA’s consideration of Hubler’s sales disclosure form doesn’t mean that
it engaged in sales chasing or selectively reappraised Hubler’s properties.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Albert J. Hall v. State of Indiana
06A05-1003-CR-187
Criminal. Reverses conviction of operating a motor vehicle as a habitual traffic offender as a Class D felony. The trial
court committed fundamental error in its instruction on the mens rea element of the Habitual Traffic Violator Statute. Remands
for a new trial.
MH Equity Managing Member, LLC v. Debra K. Sands
49A02-1005-CC-495
Civil collections. Affirms order enforcing a settlement agreement between MH Equity Managing Member and Sands providing for
dismissal with prejudice of a complaint alleging that Sands had breached a fiduciary duty in performing services for MH Private
Equity Fund. The parties entered into a binding contract which required the subsequent execution of a document memorializing
their agreement and there is no uncertainty as to any substantial term of the settlement contract.
Anastacio Carrera v. State of Indiana (NFP)
49A02-1003-CR-238
Criminal. Affirms convictions of child molesting as Class A and Class B felonies, and sexual misconduct with a minor as Class
B and Class C felonies.
Involuntary Commitment of B.K. (NFP)
33A01-1006-MH-301
Mental health. Affirms commitment at Logansport State Hospital.
Kevin Ware v. State of Indiana (NFP)
69A01-1004-PC-204
Post conviction. Affirms denial of petition for post-conviction relief.
Justin Robinette v. State of Indiana (NFP)
48A02-1004-CR-501
Criminal. Affirms sentence following guilty plea to three counts of Class B sexual misconduct with a minor, and one count
of Class C felony sexual misconduct with a minor.
Maria Chavarria v. State of Indiana (NFP)
20A03-1007-CR-381
Criminal. Affirms sentence following guilty plea to dealing in cocaine weighing over three grams, a Class A felony.
E.H., Alleged to be C.H.I.N.S.; J.H. v. Marion County D.C.S. (NFP)
49A02-1004-JC-539
Juvenile. Affirms determination that E.H. is a child in need of services.
Brandon Phillips v. State of Indiana (NFP)
71A03-1004-CR-267
Criminal. Affirms sentence for murder and Class B felony criminal confinement resulting in serious bodily injury.
D.S. v. State of Indiana (NFP)
49A02-1004-JV-484
Juvenile. Affirms adjudications for committing what would be Class B felony burglary and Class D felony theft if committed
by an adult, and that the trial court disposition is appropriate.
In the Matter of the Adoption of E.L.; J.N. v. R.J. (NFP)
49A02-1005-AD-569
Adoption. Affirms denial of the stepfather’s petition to adopt his wife’s daughter.
L.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0911-EX-1057
Civil. Affirms decision that L.S. is disqualified from eligibility for unemployment benefits because he was dismissed for
just cause.
Kieno Austin v. State of Indiana (NFP)
49A02-1007-CR-820
Criminal. Affirms denial of motion to correct erroneous sentence.
Town v. Review Board and B.K. (NFP)
93A02-1002-EX-146
Civil. Affirms grant of B.K.’s application for unemployment benefits.
Vera D. Alsadi v. State of Indiana (NFP)
34A02-1004-CR-561
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Mary E. McKinney v. Windy Lane Farms, Inc., et al. (NFP)
08A02-1001-CC-71
Civil collections. Reverses dismissal of McKinney’s third-party complaint and the grant of summary judgment in favor
of third-party defendants Windy Lane Farms and others. Remands for further proceedings.
Term. of Parent-Child Rel. of N.S., et al.; D.S. v. Bartholomew County D.C.S. (NFP)
03A01-1005-JT-222
Juvenile. Affirms termination of parental rights.
Anthony B. Rias, II v. State of Indiana (NFP)
45A03-1004-CR-182
Criminal. Affirms conviction of felony murder.
DeWayne V. Adamson v. State of Indiana (NFP)
53A01-1002-CR-88
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon and
the finding Adamson is a habitual offender.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to five cases for the week ending Nov. 24.














I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.