Opinions Nov. 9, 2016

November 9, 2016

The following Indiana Tax Court opinion was posted after IL deadline Monday:
Indiana Department of State Revenue, Inheritance Tax Division v. The Estate of Orville J. Rauch
Tax. Affirms the Jasper Circuit Court’s order determining the inheritance liability of the Estate of Orville J. Rauch. Finds that Rauch had an in loco parentis relationship with Robert and Claudia Wandless

Indiana Court of Appeals
Amy L. Brown v. Adrian Lunsford
Juvenile paternity. Reverses Vanderburgh Superior Court’s order granting visitation with Amy Brown’s daughter, S.B., to Adrian Lunsford, Brown’s former boyfriend, who is unrelated to S.B. Finds that the trial court abused its discretion by granting visitation to Lunsford.

L.M. Zeller, Individually, and D/B/A Zeller Elevator Company, LEO Mark Zeller, Louis M. Zeller III, Andrew M. Boeglin, and Matthew Boeglin v. Indiana Fire Prevention, et al. (mem. dec.)
Civil plenary. Affirms Posey Circuit Court’s order denying L.M. Zeller, Zeller Elevator Company and its employees Leo Mark Zeller, Louis M. Zeller, Andrew M. Boeglin and Matthew Boeglin’s petition for judicial review and affirming the action of the Indiana Fire Prevention and Building Safety Commission declining to renew their elevator contractor and/or elevator mechanic licenses for failure to satisfy the continuing education requirement.

Corvette McCampbell v. State of Indiana (mem. dec.)
Criminal. Affirms Corvette McCampbell’s sentence to 28 years in the Indiana Department of Correction after he pleaded guilty to dealing in a narcotic as a Level 2 felony. Finds that the waiver provision of McCampbell’s plea agreement is enforceable and that he waived his right to appeal his sentence.

In the Matter of K.C., C.M., Ki.C., & K.M., (Minor Children), and, A.C., (Mother) & R.L.M., (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms Owen Circuit Court’s adjudication of R.M. and A.C.’s four children as children in need of services. Finds that there is sufficient evidence in the record to support the conclusion that the children are CHINS.

Tonya L. Gordon v. State of Indiana (mem. dec.)
Criminal. Affirms Tonya Gordon’s conviction of Level 5 felony operating a vehicle while intoxicated causing death. Finds that the Huntington Superior Court did not abuse its discretion by rejecting Gordon’s tendered instructions and that the trial court’s instructions did not result in fundamental error.

In the Matter of C.B., a Child alleged to be Delinquent v. State of Indiana (mem. dec.)
Juvenile. Affirms C.B.’s adjudication as a delinquent for committing an act that would be intimidation, a Level 6 felony, if committed by an adult. Finds that the evidence is sufficient beyond a reasonable doubt to establish a prior lawful act.