Opinions April 11, 2016

April 11, 2016

The following Indiana Tax Court opinion was posted after IL deadline Friday:
Marion County Assessor v. Simon DeBartolo Group, LP, DeBartolo Realty Partnership, LP, and SPG Lafayette Square, LLC
Tax. Affirms the Indiana Board of Tax review did not err when it reduced Simon DeBartolo Group’s real property assessments for the 2006 and 2007 tax years.

Monday’s decisions

Indiana Court of Appeals
Dorothea Bragg, on Behalf of Herself and All Others Similarly Situated v. Kittle's Home Furnishings, Inc.
Civil plenary. Affirms summary judgment for Kittle’s on all claims raised by former employee Dorothea Bragg against the store. Bragg alleged Kittle’s failed to pay employees earned commissions within the 10-day limit set forth in the Indiana Wage Payment Statute.

Emerson Wade Bixler v. State of Indiana (mem. dec.)
Criminal. Affirms Emerson Wade Bixler’s conviction of Level 4 felony arson, despite comments he made to one of the jurors.

In the Term. of the Parent-Child Relationship of: H.W. (Minor Child) and S.L. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.

Lora (McIlwain) Marshall v. Gregory McIlwain (mem. dec.)
Domestic relations. Affirms $1,500 in sanctions against wife and subsequent denial of her motion to correct error.

Jeffrey C. Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Jeffrey Johnson’s conviction of battery as a Level 5 felony.

Danny James Horton v. State of Indiana (mem. dec.)
Criminal. Affirms Danny Horton’s conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony, and a habitual offender determination. Remands for resentencing because the trial court erred by imposing a separate consecutive sentence for his habitual offender adjudication.

Joshua S. Black v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Black’s conviction of dealing in methamphetamine, a Level 5 felony, even though he tried to withdraw his guilty plea before the conviction.