Opinions Jan. 14, 2019

The following opinions were posted after IL deadline on Friday:
Indiana Supreme Court 
Brittany Erin Hoak v. State of Indiana
19S-CR-17
Criminal. Grants transfer and remands with instructions to determine whether Brittany Hoak is eligible for substance abuse treatment in a community corrections placement. If she is eligible, half of her sentence is to be executed in community corrections. Affirms the Indiana Court of Appeals’ decision in all other respects. Justices Mark Massa and Justice Geoffrey Slaughter dissent, believing transfer should be denied. 

Indiana Tax Court 
Marion County Assessor v. Stutz Business Center, LLC
18T-TA-26
Tax. Denies Stutz Business Center LLC’s motion to dismiss the Marion County assessor’s appeal, claiming the assessor failed to timely initiate his appeal and serve the petition directly on Stutz. Finds the assessor’s petition was not untimely or non-compliant. 

Monday opinions:
Indiana Court of Appeals 
In the Matter of the Commitment of C.N.; C.N. v. Eskenazi Health/Midtown CMHC
18A-MH-641
Mental health. Reverses the order for C.N.’s involuntary regular civil commitment. Finds there was insufficient evidence to prove C.N. was “gravely disabled.” Remands for the Marion Superior Court to vacate the order of regular commitment. 

Damon Lamont Trice, Jr. v. State of Indiana (mem. dec.)
18A-CR-1478
Criminal. Affirms Damon Lamont Trice Jr.’s conviction for Level 5 felony carrying a handgun without a license. Finds sufficient evidence to support the conviction.

Byron Smith v. State of Indiana (mem. dec.)
18A-CR-1732
Criminal. Affirms Byron Smith’s conviction for Level 6 felony obstruction of justice. Finds that any variance between the charging information and the evidence at trial is not material or fatal, and that the evidence is sufficient to support the challenged element of obstruction of justice.

Andre Thomas Scott v. State of Indiana (mem. dec.)
18A-CR-1195
Criminal. Affirms Andre Thomas Scott’s conviction of attempted robbery as a Level 2 felony and his 27-year sentence, with two years suspended to probation. Finds there is sufficient evidence to support the conviction and that the sentence is not inappropriate in light of the nature of the offense and his character. Also finds the Lake Superior Court did not abuse its discretion in sentencing Scott. 

David Darr v. State of Indiana (mem. dec.)
18A-CR-1516
Criminal. Affirms David Darr’s conviction for Level 4 felony burglary and his adjudication as a habitual offender. Finds there is sufficient evidence to support the conviction. 

T.S. v. State of Indiana (mem. dec.)
17A-JV-3035
Juvenile. Affirms the adjudication of T.S. for convictions for what would be Level 3 felony aiding, inducing, or causing the rape of A.M.; Level 6 felony criminal confinement of A.M.; Level 6 felony aiding, inducing, or causing the criminal confinement of A.M.; Level 3 felony rape of K.G.; Level 3 felony aiding, inducing, or causing the rape of K.G.; Level 6 felony criminal confinement of K.G., and; Level 6 felony aiding, inducing, or causing the criminal confinement of K.G. if committed by an adult Finds there is sufficient evidence to support T.S.’s adjudication.