Opinions March 17, 2015

March 17, 2015

The following Indiana Tax Court opinion was posted after IL deadline Monday:
Blue Chip Casino, LLC v. LaPorte County Treasurer, and LaPorte County Convention & Visitors Bureau
Tax. Dismisses the casino’s appeal of the LaPorte County treasurer’s failure to respond to its request for a refund of innkeeper’s tax that it paid to the treasurer between January 2007 and August 2009 for lack of subject matter jurisdiction. All pending motions are hereby deemed moot.

Tuesday’s opinions
Indiana Court of Appeals

Steven M. Sandleben v. State of Indiana
Criminal. Affirms conviction and sentence for Class D felony stalking. Sandleben’s intentional, repeated acts of harassing A.S. by following her support the stalking charge and there was no error in admitting evidence obtained as a result of his arrest. Finds his 30-month sentence is appropriate given the nature of the offense and his character.

In re the Involuntary Termination of the Parent-Child Relationship of Ja.M., X.M., Je.M., and R.M. (Minor Children), and S.J. (Mother) and D.M. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Devan L. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class C felony robbery.

In the Matter of the Paternity of C.N.W.: Christa E. Phelps v. Mark L. Wishart (mem. dec.)
Juvenile. Vacates order determining child support obligations and remands for a new hearing.

Marzano Shelly v. State of Indiana (mem. dec.)
Criminal. Reverses convictions of felony murder and Class A felony robbery due to double jeopardy prohibitions and remands for court to enter a conviction of Class C felony robbery and revise Shelly’s sentence accordingly. Affirms in all other respects.

Vinson Tate v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana and 35-year sentence.

In Re the Estate of: Genevieve O. Bruce, Keith Oxley v. Dianna Duncan, et al. (mem. dec.)
Estate, supervised. Reverses order setting bond at $25,000 and dismissal of Oxley’s complaint to contest Bruce’s will. Remands for reinstatement of his complaint.

Alfred Higdon v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony possession of methamphetamine.