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Opinions Nov. 20, 2014

November 20, 2014

The following Indiana Tax Court opinion was posted Wednesday after IL deadline:
The City of Greenfield and the Greenfield Fire Protection Territory v. The Ind. Dep't of Local Government Finance
49T10-1111-TA-67
Tax.  Reverses reduction by the Department of Local Government Finance of the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year. Public Law 172-2011, Section 164 contravenes the special legislation provisions set forth in Article 4, Section 23 of the Indiana Constitution.

Thursday’s opinions
Joseph M. Johnson v. State of Indiana
38A02-1405-CR-340
Criminal. Reverses denial of motion to suppress evidence. Although a deputy had reasonable suspicion to initiate the investigatory traffic stop, holds that the officer lacked reasonable suspicion to request Johnson’s identification. Thus, all subsequent investigation violated his rights under the Fourth Amendment. Remands for further proceedings.

Aron Smith v. State of Indiana (NFP)
48A05-1403-CR-119
Criminal. Affirms revocation of probation and imposition of sentence thereon.

Scott W. Nicol v. State of Indiana (NFP)
64A03-1311-CR-472
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class C felony child molesting, but vacates Nichol’s 84-year sentence. Remands with instructions to re-sentence him to an aggregate 44 years.

Certain Underwriters at Lloyd's London v. The Lee Group Shelbyville Holding Company, LLC (NFP)
40A01-1312-PL-516
Civil plenary. Affirms denial of Lloyd’s London’s motion for summary judgment on the complaint against it stemming from an unpaid claim for damages to a roof.  

 

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