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Opinions Nov. 7, 2016

November 7, 2016

The following Indiana Tax Court opinion was posted after IL deadline Friday:
Monroe County Assessor v. SCP 2007-C-26-002, LLC a/k/a CVS 3195-02
49T10-1509-TA-29
Tax. Affirms Indiana Board of Tax Review’s finding that CVS’ appraisals of a Bloomington store location are more credible than the Monroe County Assessor’s assessments between 2009 and 2013. Holds that Tax Court rulings in previous similar cases were decided correctly.

Indiana Court of Appeals
Jordan Jacobs v. State of Indiana
49A02-1601-CR-19
Criminal. Affirms Jordan Jacobs’ conviction of Class A misdemeanor carrying a handgun without a license. Finds that the handgun in question was not recovered in violation of either the Fourth Amendment or Article I Section II of the Indiana Constitution. Judge Terry Crone dissents with separate opinion.

Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Admin. of the Indiana Patient's Compensation Fund v. Anonymous Clinic, et al.
71A03-1512-CT-2199
Civil tort. Affirms the St. Joseph and Elkhart superior courts’ finding that plaintiffs’ claims against the defendants were governed by the Indiana Medical Malpractice Act. Remands for further proceedings.

Kenneth A. Stocker v. Russel D. Sundholm, Ann M. Clark, David A. Vaughn, Travis M. Sims, and John C. Houston (mem. dec.)
02A03-1603-PL-615
Civil plenary. Affirms the Allen Superior Court’s grant of summary judgment in favor of Russel D. Sundholm, Ann M. Clark, David A. Vaughn, Travis M. Sims and John C. Houston on Kenneth Stocker’s complaint for breach of contract, breach of fiduciary duty and fraud in the inducement.

In the Matter of D.C., C.C., and I.S., Children in Need of Services, S.P., Mother, and J.C., Father v. Ind. Dept. of Child Services, and Child Advocates, Inc. (mem. dec.)
49A05-1602-JC-208
Juvenile. Affirms the juvenile court order adjudicating S.P. and J.C.’s children, D.C., C.C. and I.S. to be children in need of services. Finds that the juvenile court’s conclusion that the coercive intervention of the court was necessary was not clearly erroneous. Finds that because J.C. did not raise the issue of D.C. and C.C. being improperly detained with the juvenile court or object to the continued detention of the two children, he waives that issue on appeal.

Theodore T. Schwartz v. State of Indiana (mem. dec.)
02A03-1602-PC-279
Post-conviction. Affirms the post-conviction court’s partial denial of Theodore T. Schwartz’s petition for post-conviction relief. Finds that Schwartz has not shown either ineffective assistance or prejudice by his trial counsel’s failure to challenge his competency and that his appellate counsel did not provide ineffective assistance that prejudiced him. Finds that entered his guilty plea knowingly, intelligently and voluntarily.

Lisa M. Morehouse v. State of Indiana (mem. dec.)
79A02-1604-CR-868
Criminal. Affirms Lisa M. Morehouse’s sentence to an aggregate term of seven years, with six years executed in the Indiana Department of Correction after she pleaded guilty to Level 5 felony criminal confinement resulting in bodily injury, Level 6 felony criminal recklessness while armed with a deadly weapon and Level 6 felony strangulation. Finds that Morehouse’s sentence is not inappropriate.

Darrell A. Williams v. State of Indaina (mem. dec.)
79A04-1602-CR-410
Criminal. Affirms Darrell A. Williams’ sentence to an aggregate term of five years, two to be served in the Indiana Department of Correction, after his convictions of operating a motor vehicle after lifetime forfeiture of driving privileges, a Class C felony, and failure to stop after an accident resulting in property damage, a Class C misdemeanor. Finds that Williams failed to demonstrate that his aggravated sentence is inappropriate.

Lorenzo Montes-Garnica v. State of Indiana (mem. dec.)
49A05-1603-CR-655
Criminal. Affirms Lorenzo Montes-Garnica’s conviction of patronizing a prostitute as a Class A misdemeanor. Finds that the evidence most favorable to the conviction establishes that Montes-Garnica knowingly or intentionally offered to pay or agreed to pay $20 to a detective for sexual intercourse, and such evidence is sufficient to sustain his conviction.

Shaquille Delaney v. State of Indiana (mem. dec.)
71A03-1604-CR-966
Criminal. Affirms Shaquille Delaney’s conviction for battery in the presence of a child as a Level 6 felony. Finds that testimony sufficiently established that Delaney was at least 18 years old when he committed the battery.

 

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