Opinions May 26, 2015

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The following Indiana Tax Court opinion was not posted by IL deadline Friday.
Indiana Tax Court

Marion County Auditor v. State of Indiana
Tax. Grants the state’s motion to dismiss the auditor’s action challenging the constitutionality of I.C. 6-1.1-15-12. The auditor does not have statutory or common law standing to appeal the PTABOA’s decision on Grandville’s Forms 133 to the Tax Court.

Tuesday’s opinions
Indiana Court of Appeals

James E. Reed v. Review Board of the Indiana Department of Workforce Development, and A.W. Holdings, LLC
Agency action. Reverses denial of claim for unemployment benefits. The record lacks substantial evidence to support a finding that Reed knew that his conduct violated his employer’s professional conduct rule that employees “in no way exploit, neglect or inflict physical or psychological harm on a client.” Remands for further proceedings.

Willie B. Jenkins v. State of Indiana
Criminal. Affirms convictions of Class B felony robbery with a deadly weapon, Class A felony burglary, and Class B felony criminal confinement. The state presented sufficient evidence Jenkins committed Class A felony burglary, a victim’s testimony was not incredibly dubious, and any error in the admission of the picture of Jenkins’ co-actor was harmless.

Bobby Dunn v. State of Indiana
Criminal. Reverses grant of state’s motion to withdraw Dunn’s guilty plea on the morning of his sentencing hearing. Remands for resentencing. Judge Barnes dissents in separate opinion.

William Bowman v. State of Indiana
Criminal. Reverses conviction and sentence for Class A felony dealing in a narcotic within 1,000 feet of a school and Bowman’s adjudication as a habitual offender. The state did not prove Bowman committed Class A felony dealing in a narcotic within 1,000 feet of a school.

Thomas W. Burton v. State of Indiana (mem. dec.)
Criminal. Grants Burton’s petition for rehearing for the limited purpose of correcting a statement of fact and denies his petition in all other respects.
In the Matter of the Involuntary Term. of the Parent-Child Relationship of E.T., M.T., J.T., S.T., T.W., Minor Children, and their Mother, J.R., J.R. v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

David S. Murray v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Class D felony theft.

Christopher McGrath v. State of Indiana (mem. dec.)
Criminal. Affirms order revoking probation and reinstating four years of the previously suspended portion of McGrath’s six-year sentence for Class C felony possession of a schedule IV controlled substance.

Lake County Trust Co., as Trustee for Lake County Trust 5434, James L. Gagan and Eugene H. Deutsch v. United Consumers Club, Inc. (mem. dec.)
Civil plenary. Reverses grant of United Consumers Club’s motion to dismiss on grounds of res judicata.

Bradley E. Kennedy v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Jason T. Myers v. Anonymous Medical Group, Anonymous Physician (mem. dec.)
Civil tort. Affirms summary judgment in favor of the physicians on Myers’ medical malpractice complaint.

Emmanuel Joseph Cain v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of two counts of Class B felony dealing in cocaine.


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