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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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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