Opinions Sept. 26, 2016

September 26, 2016

The following opinions were posted after IL deadline Friday:
 7th Circuit Court of Appeals
Wayne Kubsch v. Ron Neal
U.S. District Court, Northern District of Indiana, South Bend Division. Chief Judge Philip Simon.
Civil. Reverses district court decision against Wayne Kubsch and remands for issuance of writ of habeas corpus or order within 120 days for a new trial. Finds that video evidence was incorrectly omitted in violation of Kubsch’s 14th Amendment right to due process.

Indiana Tax Court
Thor Industries, Inc. and subsidiaries v. Indiana Department of State Revenue
Tax. Grants Thor Industries Inc.’s request to withdraw 29 requests for admissions. Finds that withdrawal would subserve the presentation of the merits and would not be prejudiced against the Indiana Department of Revenue.

Monday’s opinions
Indiana Court of Appeals
Jon A. Arnold v. State of Indiana
Post conviction. Affirms trial court’s decision to deny Jon A. Arnold’s petition for post-conviction relief. Arnold has not established that a defense overlooked by trial counsel would have likely changed the outcome of the proceeding.

A.B. & T.B. v. The Indiana Department of Child Services
Juvenile termination of parental rights. Affirms the involuntary termination of parental rights to two children, T.B. and R.K., who are half-siblings. Termination of parental rights is in the best interests of the children.

Malena Shumaker v. State of Indiana (mem. dec.)
Criminal. Affirms Malena Shumaker’s conviction of theft as a Class A misdemeanor.

Steven A. Pearson v. State of Indiana (mem. dec.)
Criminal. Affirms Steven A. Pearson’s conviction for resisting law enforcement as a Class A misdemeanor.

Robert Stevenson v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Stevenson’s conviction of Class A felony child molestation and his sentence to a term of 40 years, 10 of which were suspended to probation.

Charles R. Ellis v. State of Indiana (mem. dec.)
Criminal. Affirms trial court’s decision to impose sentence after Charles R. Ellis’ probation violation.

Jeffrey B. Buskirk v. State of Indiana (mem. dec.)
Criminal. Affirms trial court’s decision to deny Jeffrey B. Buskirk’s petition seeking a modification of his sentence of 60 years of imprisonment after he pleaded guilty to the murder of his stepmother.