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Opinions, Oct. 3, 2013

October 3, 2013
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Opinions, Oct. 3, 2013

Indiana Tax Court

Orange County Assessor v. James E. Stout
49T10-1112-TA-94
Property tax. Affirms the final determination of the Indiana Board of Tax Review that the Orange County Assessor failed the meet the burden of proving that Stout’s land assessment was proper. Finds although the Indiana Board applied a 2011 statute to a 2010 appeal, the 2011 law was not new but a clarification of the original 2009 statute which shifted the burden to the assessor. Also rules the assessor failed to provide any evidence demonstrating that Stout was not using his 8.12 acre property for an agriculture purpose.

Indiana Court of Appeals
Koch Development Corporation and Daniel L. Koch v. Lori A. Koch, as Personal Representative of the Estate of William A. Koch, Jr., Deceased
82A04-1212-PL-612
Civil plenary. Affirms the trial court’s judgment that Lori A. Koch, as personal representative of the Estate of William A. Koch Jr., does not have to sell the estate’s share in Holiday World and Splashin’ Safari to Koch Development Corp. and Daniel L. Koch. Finds the evidence supports the conclusion that Daniel Koch and KDC materially breached the terms of the Share Purchase and Security Agreement by offering a per-share price that was significantly less than the price agreed to by the parties. Also rules that this material breach relieves the estate from its obligation sell its shares.  

Katherine Chaffins and Roger Chaffins Sr. v. Clint Kauffman, M.D.; Family and Women's Health Services; and Pulaski County Memorial Hospital
66A04-1302-CT-85
Civil tort. Reverses grant of summary judgment in favor of Dr. Clint Kauffman and Family and Women’s Health Services, with the majority finding that a material issue of genuine fact exists as to the Chaffinses’ claim that defendants’ alleged negligence after a colonoscopy resulted in 12 hours of prolonged pain before the subsequent diagnosis of a perforated colon. Judge Elaine Brown dissented and would have affirmed summary judgment because no evidence shows that the defendants deviated from the standard of care appropriate in such a case.

Geroge A. Nunley v. State of Indiana
10A04-1212-CR-630
Criminal. Affirms conviction of Class C felony robbery but reverses habitual offender finding because it was based on a complaint amended after a jury had been empaneled, prejudicing Nunley’s substantial rights. The panel concluded that no part of I.C. 35-34-1-5 allowed the amendment that the state proposed in this case. The matter was remanded to removing the 12-year enhancement to an eight-year sentence on the robbery conviction.

Shayla Bowling v. State of Indiana
92A03-1212-CR-553
Criminal. Affirms a conviction of Class D felony domestic violence, holding that a jury properly determined that Bowling was “living as if a spouse” with the victim with whom she was involved in a romantic relationship despite being married to another man. The court rejected Bowling’s argument that she could not be living as if a spouse with another person while she was married because to do so would be bigamy and that applying the domestic violence statute in her case could arguably broaden the scope of the law.

Jose Garcia v. G. Wm. Walker Construction (NFP)
93A02-1305-EX-437
Civil. Affirms the Indiana Worker’s Compensation Board’s ruling that Garcia’s injury did not arise from his employment.

Elbert G. Elliott v. State of Indiana (NFP)
45A04-1212-CR-659
Criminal. Affirms revocation of Elliott’s probation based on drug use and willful failure to pay restitution.

Milton L. Medsker v. State of Indiana (NFP)
49A02-1303-PC-203
Post conviction. Affirms post-conviction court’s denial of Medsker’s petition for post-conviction relief.

Marlen Hernandez v. State of Indiana (NFP)
02A05-1304-CR-181
Criminal. Affirms conviction for criminal recklessness, a Class D felony.

Richard Green v. State of Indiana (NFP)
36A01-1212-CR-571
Criminal. Affirms Green’s conviction for armed robbery, a Class B felony, and his adjudication as a habitual offender.

Robert Klinglesmith v. State of Indiana (NFP)
49A05-1303-CR-116
Criminal. Affirms in part and reverses in part. Concludes that Klinglesmith did not suffer fundamental error due to the cumulative effect of allegedly erroneously admitted evidence but that one of his two convictions for Class B felony criminal deviate conduct must be vacated due to double jeopardy concerns.  

Matthew P. Thrall v. State of Indiana (NFP)
56A05-1304-CR-159
Criminal. Affirms 13-year sentence for pleading guilty to one count of Class B felony rape.

Priority Press, Inc. v. Media Methodology (NFP)
29A02-1303-SC-278
Small claims. Affirms judgment in favor of Media Methodology.

Rasheen Middleton v. State of Indiana (NFP)
82A01-1301-CR-8
Criminal. Affirms conviction and 12-year sentence, with two years suspended, for one count of Class B felony unlawful possession of firearm by a serious violent felon.

Dennis Tiller v. State of Indiana (NFP)
49A02-1211-CR-928
Criminal. Affirms convictions for one count child molesting as a Class A felony and one count child molesting as a Class C felony. Concludes while the prosecutor’s comments may have been more narrowly construed, they did not prevent Tiller from receiving a fair trial.

Indiana Supreme Court released no opinions before IL deadline. 7th Circuit Court of Appeals released no Indiana opinions before IL deadline.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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