Opinions July 16, 2015

July 16, 2015

Indiana Tax Court
The following opinion was posted after IL deadline Wednesday

Indianapolis Public Transportation Corporation v. Department of Local Government Finance
Tax. Denies Department of Local Government Finance’s motion for judgment on the pleadings. Indianapolis Public Transportation Corp. (IndyGo) has standing to appeal the DLGF’s adjustment of its budget because under the facts of the case an “appeal” could not have contemplated adjustments made to the budget that are at issue in the case.  

July 16, 2015
Indiana Court of Appeals

In re the Paternity of M.R.A. and L.R.C.: M.A. v. B.C.
Juvenile. Reverses trial court order for child support, remanding for consideration of mother’s petition for modification of child support. Reverses judgment against father for reimbursement of child care expenses. Affirms judgment against father for mother’s attorney fees. The trial court applied an incorrect legal standard to determine child support and its judgment regarding child care expenses is unsupported by the evidence.

City of Beech Grove v. Cathy J. Beloat
Civil tort. Reverses denial of Beech Grove’s motion for summary judgment. Finds the city was covered by discretionary function immunity because it was in the planning stages of reconstructing a portion of Main Street rather than making piecemeal repairs. Judge Margret Robb dissents. She argues that excusing the city from liability for not filling a pothole is taking too broad a view of discretionary function immunity.    

Eric Williams v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor.

Kenny Weaver v. State of Indiana (mem. dec.)
Criminal. Reverses conviction of possession of a synthetic drug look-alike substance, a Class A misdemeanor. Finds the only evidence that the substance was “spice” was a statement Weaver made to a police officer which was insufficient to prove possession.

Christopher Lee Thompson v. Natasha Nicole Smith (mem. dec.)
Juvenile paternity. Affirms trial court’s finding of Thompson’s counsel, Stacy Kelley, in contempt for willfully failing to comply with the court’s order to submit the Income Withholding Order within seven days. Also affirms order that Kelley pay Smith’s attorney’s fees incurred in securing compliance.

Christopher W. Hovis v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.