Opinions April 10, 2015

April 10, 2015

The following Indiana Tax Court opinion was posted after IL deadline Friday:
ESPN Productions, Inc. v. Indiana Department of State Revenue
Tax. Grants in part and denies in part ESPN’s request to place certain documents within the judicial record under seal. Holds that the tax returns, production services agreement, and cable television license agreements submitted by the company as designated evidence in support of its motion for summary judgment are protected from public disclosure under both Access to Public Records Act and Administrative Rule 9(G)(2). That protection does not extend to ESPN’s supplement to protest.

Friday’s opinions
Indiana Court of Appeals

M. Shane Faulkinbury, by his next friends/guardians John M. Faulkinbury and Olivia J. Faulkinbury v. Michael Broshears and BAM Outdoor, Inc.
Civil tort. Reverses denial of the Faulkinburys’ motion to correct error after judgment was entered in favor of BAM Outdoor on their tort claim and BAM’s counterclaim. An affidavit from M. Shane Faulkinbury, who was allegedly rendered incapacitated after the incident between he and Broshears, should be admitted into evidence after judgment was entered because Faulkinbury is now competent and can remember the night of the incident between the two men. Remands for further proceedings.

Johnathon I. Carter v. State of Indiana
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts of Class C felony child molesting. The state presented sufficient evidence to support the convictions. Revises Carter’s sentence from 98 years to an aggregate sentence of 68 years because his original sentence is out of range of appropriate results. Remands with instructions.

Jeremy Middleton v. State of Indiana
Criminal. Reverses conviction of Class D felony theft. There is insufficient evidence to support the conviction.

In re the Matter of: B.S., D.S. v. K.S. and M.S. (mem. dec.)
Adoption. Affirms decision that father’s consent was not required for K.S. and M.S. to adopt his child.

Victoriano Medina-Noralez v. Sally Medina (mem. dec.)
Domestic relation. Reverses distribution of marital assets.

Moussa Dahab v. Massadjitte Abdelkerim (mem. dec.)
Domestic relation. Affirms denial of father’s motion for a change of custody.

In Re the Marriage of: J.D.S. v. B.S. (mem. dec.)
Domestic relation. Finds trial court abused its discretion in modifying father’s summer parenting time without finding that modification is in the best interest of the children. Remands for the trial court to make necessary determinations consistent with the opinion.

Malcolm M. Pettis v. State of Indiana (mem. dec.)
Criminal. Affirms determination Pettis violated his probation and the imposition of a nine-year sentence.