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Opinions — May 20, 2016

May 20, 2016

Indiana Tax Court
Miller Pipeline Corporation v. Indiana Department of State Revenue
49T10-1012-TA-00064.
Tax. Remands six out of 11 issues Miller pipeline claimed after Miller appealed the Department of Revenue’s denial of Miller’s claim for refund of sales and use taxes remitted for the 2006 and 2007 tax years.

Indiana Court of Appeals
Derek Scisney v. State of Indiana
49A02-1504-CR-227
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon, rejecting Scisney’s argument on appeal that a police officer lacked reasonable suspicion for a pat-down search and that his encounter with the officer was not consensual.

Nikki Jones, as Personal Representative of the Estate of Phillip Matthew Jones v. Hancock County Board of Commissioners
30A01-1506-CT-543
Civil Tort. Affirms summary judgment for Hancock County Board of Commissioners saying the board is immune from liability for the design of an intersection where Nikki Jones’ son died in a car crash. Remands for proceedings the claim that the board should have put warning signs at the intersection as that was a genuine issue of fact and should not have been decided on summary judgment.

David L. Kimbrough v. Ramona F. Anderson
53A05-1507-PL-883
Civil plenary. Affirms jury verdict in favor of Anderson on Kimbrough’s civil suit alleging that her lawn watering caused water damage to the lower level of his home. The trial court did not abuse its discretion in excluding testimony from Anderson’s insurance company regarding instructions given to Kimbrough, or in admitting his prior home insurance claim, or a report from one of Anderson’s experts.  The court did not abuse its discretion in denying Kimbrough’s motion for judgment on the evidence or in instructing the jury.

Kurt Hinkle v. State of Indiana (mem. dec.)
12A02-1508-PC-1040
Affirms denial of Kurt Hinkle’s motion for post-conviction relief.
 
Jason L. McDonough, as Personal Representative of the Estate of Donna L. Allen, Deceased v. Kentucky Avenue Land Company (mem. dec.)
49A02-1507-CT-824
Civil Tort. Reverses and remands summary judgment for Kentucky Avenue in a wrongful death suit. Rules Kentucky Avenue did not come forward with evidence to negate the estate’s claim that Kentucky Avenue’s negligence caused the death of Donna Allen.

Ana Milomira Stanisic v. Steven Massa (mem. dec.)
79A02-1507-DR-970
Domestic relations. Affirms order denying Stanisic’s motion for relief from judgment as to the appointment of a commissioner to execute a quitclaim deed on her behalf.

Jonathan Wallace v. State of Indiana (mem. dec.)
49A02-1507-CR-819
Criminal. Affirms Wallace’s conviction for Class A misdemeanor carrying a handgun without a license.

In the Matter of the Term. of the Parent-Child Relationship of C.B., Mother, B.G., Father, and N.W., S.G. and R.B., Minor Children, C.B. and B.G. v. Ind. Dept. of Child Services (mem. dec.)
79A04-1506-JT-736
Juvenile. Affirms termination of mother and father’s parental rights.
 
Carla S. Love v. Mauricio Bellido (mem. dec.)
22A01-1510-JP-1683
Juvenile paternity. Affirms trial court’s order including mother’s investment accounts as income in father’s child support obligation. Remands to trial court to make additional findings and determine what amount of uninsured medical expenses father is obligated to pay.

Bruce McIntyre v. State of Indiana (mem. dec.)
29A02-1509-CR-1604
Criminal. Affirms McIntyre’s conviction of Class C felony forgery.

Larisha Lee v. State of Indiana (mem. dec.)
49A02-1509-CR-1335
Criminal. Affirms Lee’s conviction of Level 6 felony operating a motor vehicle while driving privileges are suspended.

Victoria H. Rybicki v. U.S. Bank National Assoc., Successor Trustee to BoA, N.A., as Successor to LaSalle Bank, N.A., et al. (mem. dec.)
45A04-1509-MF-1341
Mortgage foreclosure. Affirms summary judgment in favor of U.S. Bank.

James H. Calkins and Walnut Hills Development, LLC v. James Leto and Colony Bay Apartments, LLC (mem. dec.)
02A03-1511-CT-1849
Civil Tort. Affirms summary judgment for Leto and Colony Bay Apartments that an encroachment agreement is valid.
 
Olabisi Nard v. Mark Sevier (mem. dec.)
46A04-1508-MI-1147
Miscellaneous. Affirms denial of Olabisi Nard’s petition for a writ of habeas corpus.

Kirsten L. Nolan v. Matthew A. Huff (mem. dec.)
49A05-1511-DR-1868
Domestic relations. Affirms order modifying physical custody of the parties’ children.

 

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