Opinions Aug. 13, 2015

August 13, 2015

7th Circuit Court of Appeals
The following opinion was posted after IL deadline Wednesday

Wayne Kubsch v. Ron Neal, superintendent, Indiana State Prison
Appeal from the U.S. District Court, Northern District of Indiana, South Bend Division
Chief Judge Philip Simon
Criminal. Affirms denial of Kubsch’s habeas corpus petition. Majority rules the exclusion of testimony by neighbors which could have exonerated Kubsch was hearsay and, therefore, not admissible. In a dissent, Chief Judge Diane Wood argues the testimony should have been admitted under Chambers v. Mississippi, 410 U.S. 284 (1973).

Indiana Tax Court
Indiana Department of State Revenue, Inheritance Tax Division v. Steven B. McCombs, Executor of the Estate of Janice Hamblin
Tax/estate. Affirms Probate Court judgment against the Indiana Department of State Revenue, Inheritance Tax Division. The trial court found the estate was entitled to a refund of inheritance tax paid, and this was not error. The language of the will as a whole demonstrates an intent to convey life estates to heir, not annuities, which would be subject to taxation.   

Aug. 13, 2015
Indiana Court of Appeals

Andy Mohr West, Inc. d/b/a Andy Mohr Toyota, Butler Motors, Inc. d/b/a Butler Toyota, and TW Toy, Inc. d/b/a Tom Wood Toyota v. Office of the Ind. Sec. of State, Auto Dealer Services Div. et al
Civil plenary. Judges Edward Najam and John Baker reverse a dismissal of declaratory judgment actions sought by the plaintiffs who challenge the relocation of Ed Martin Toyota from Anderson to Fishers. Remands to the Auto Services Division for further proceedings on the plaintiff dealers’ claims against Toyota. Dissenting Judge Ezra Friedlander would affirm the Division’s dismissal of the complaint because the division reasonably interpreted the statute to determine the dealers lacked standing to challenge the move because they were outside the relevant market area.

David V. Taylor v. Sheryl Crowder Taylor
Domestic. Judges Edward Najam and Ezra Friedlander reverse a trial court order modifying child support retroactively, holding the order was contrary to law because the statute requires a party to file a petition to modify child support before a court may enter a modification order. Remands with instruction to recalculate father’s arrearage. Dissenting Judge John Baker would affirm the trial court, believing that when father filed an initial motion to modify child custody he indicated an intent to move out of state and seek custody of a minor child. His filings put the court on notice that child support was an issue.

In the Matter of the Termination of the Parent-Child Relationship of: A.B., Jr., (Child), and K.T. (Mother), v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Joel Williams v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief.

Jaime Carr v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Craig Leonard Strand v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony battery resulting in serious bodily injury.

Lori L. Cobb v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.