Opinions July 6, 2015

July 6, 2015

The following opinions were issued after IL deadline Thursday.
7th Circuit Court of Appeals

Corre Opportunities Fund, LP, et al., v. Emmis Communications Corp.
Civil. Affirms ruling against Corre on a complaint that Emmis owed some $34 million in unpaid dividends to owners of preferred stock in the company. Under Indiana’s unique law allowing corporations to vote their shares, Emmis had authority to vote shares that the preferred stock owners claimed were outstanding.   

Indiana Supreme Court
Marq Hall v. State of Indiana
Criminal. Affirms in a 3-2 decision the trial court conviction of Class A felony child molestation. Justice Steven David wrote for the majority joined by Justices Brent Dickson and Mark Massa that denial of Hall’s motion to compel discovery, even if error, would have been harmless, and that evidence was sufficient to affirm the conviction. Justice Robert Rucker wrote in a dissent joined by Chief Justice Loretta Rush that Hall was denied his Sixth Amendment right of cross-examination and that he could not say beyond a reasonable doubt that a clear constitutional error in this case was harmless.

Indiana Tax Court
Monroe County Assessor v. Kooshtard Property I, LLC
Kooshtard Property I, LLC v. Monroe County Assessor
Tax. Affirms findings of Indiana Board of Tax Review. The board ruled that the land assessment for Kooshtard’s gas station and convenience store was $300,000 for each of the 2008, 2009 and 2011 tax years and was $1.05 million for the 2010 tax year.

July 6, 2015
Indiana Court of Appeals

Linda Rosenberg v. Kenneth Robinson
Small claim. Reverses default judgment in favor of Robinson on two separate claims of $6,000 each. Finds court did not make sure that Robinson had a prima facie case. Also rules Rosenberg has established prima facie error. Remands with instructions to vacate judgment and reschedule the hearing of the original claims.

Elmer Bryant v. State of Indiana (mem. dec.)  
Criminal. Affirms convictions of theft and auto theft as Class D felonies. Remands with instructions that the habitual offender sentence enhancement be imposed on the auto theft conviction.

Richard Jones v. State of Indiana (mem. dec.)
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, finding evidence was insufficient to prove that a police officer had reasonable suspicion to order Jones to stop as he walked away.

Ronald Lambert v. State of Indiana (mem. dec.)
Criminal. Affirms 15-year executed sentence for conviction of Class B felony dealing in a Schedule II controlled substance.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.W., Minor Child, and his parents, B.S. and Ch.W. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.