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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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