The following opinion was posted after IL deadline Monday.
Indiana Tax Court
Hubler Realty Company v. Hendricks County Assessor
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.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Albert J. Hall v. State of Indiana
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
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)
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)
Mental health. Affirms commitment at Logansport State Hospital.
Kevin Ware v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Justin Robinette v. State of Indiana (NFP)
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)
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)
Juvenile. Affirms determination that E.H. is a child in need of services.
Brandon Phillips v. State of Indiana (NFP)
Criminal. Affirms sentence for murder and Class B felony criminal confinement resulting in serious bodily injury.
D.S. v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms denial of motion to correct erroneous sentence.
Town v. Review Board and B.K. (NFP)
Civil. Affirms grant of B.K.’s application for unemployment benefits.
Vera D. Alsadi v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Mary E. McKinney v. Windy Lane Farms, Inc., et al. (NFP)
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)
Juvenile. Affirms termination of parental rights.
Anthony B. Rias, II v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder.
DeWayne V. Adamson v. State of Indiana (NFP)
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.