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Opinions May 26, 2017

May 26, 2017

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Monroe County Assessor v. SCP 2002 E19 LLC 6697, a/k/a CVS 6697-02
49T10-1512-TA-32
Tax. Affirms the Indiana Board of Tax Review’s final determination establishing the assessed value of CVS 6697-02’s real property for the 2007 through 2013 tax years. Finds the Monroe County assessor has not shown the board’s final determination is against the logic and effect of the facts and circumstances of the case.

Friday opinions
Indiana Court of Appeals
Indiana Department of Child Services v. J.D., R.B., et al.
71A03-1611-JC-2627
Juvenile CHINS. Reverses the St. Joseph Probate Court’s denial of the Indiana Department of Child Services’ petition alleging M.B. was a child in need of services. Finds DCS’ evidence tending to establish the elements of Indiana Code 31-34-12-4, or the Presumption Statute, was competent and probative and, thus, sufficient to trigger the application of the Presumption Statute and shift the burden of producing evidence to rebut the presumption to M.B.’s parents. Remands with instructions.

Jessie L. Styles v. State of Indiana (mem. dec.)
20A03-1612-CR-2758
Criminal. Affirms the Elkhart Superior Court’s revocation of Jessie Styles’ placement in a community corrections program and order that he serve the remainder of his sentence, 730 days, in the Indiana Department of Correction. Finds the trial court did not abuse its discretion in revoking Styles’ placement in community corrections.

Timothy L. Gransbury v. State of Indiana (mem. dec.)
41A05-1606-CR-1422
Criminal. Affirms Timothy L. Gransbury’s convictions of Class A felony child molesting and Class D felony dissemination of matter harmful to minors and his 50-year sentence for child molesting. Finds M.G.’s testimony was sufficient evidence to sustain Gransbury’s convictions. Also finds in light of Gransbury’s character and the nature of the offenses, his sentence is not inappropriate.

Rex A. Clark v. State of Indiana (mem. dec.)
03A01-1701-CR-119
Criminal. Affirms the revocation of Rex A. Clark’s probation. Finds the evidence was sufficient to show Clark violated the terms of his probation by using methamphetamine. Also finds the Bartholomew Superior Court did not abuse its discretion by ordering Clark to serve his previously suspended sentence.

Timothy C. Platt v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1609-EX-2213
Agency. Affirms the Review Board of the Indiana Department of Workforce Development’s denial of unemployment benefits to Timothy C. Platt. Finds the evidence supported the administrative law judge’s findings regarding Platt’s last separating employer and, thus, the review board did not err when it affirmed and adopted the ALJ’s findings and conclusions indicating Zenith Freight Lines and Strategic Outsourcing Inc. were Platt’s last separating co-employers. Also finds the review board did not err when it affirmed and adopted the ALJ’s findings and conclusions regarding the reason for Platt’s termination.

Riccardo Hutchins v. State of Indiana (mem. dec.)
49A04-1609-CR-2184
Criminal. Affirms Riccardo Hutchins’ convictions for burglary while armed with a deadly weapon as a Level 2 felony and criminal confinement while armed with a deadly weapon as a Level 3 felony. Finds the state presented evidence beyond a reasonable doubt to support Hutchins’ convictions.

David Hagan v. State of Indiana (mem. dec.)
92A05-1607-CR-1587
Criminal. Affirms David Hagan’s conviction for reckless homicide as a Level 5 felony and sentence to four years. Finds Hagan has not demonstrated fundamental error. Also finds Hagan has not sustained his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character.
 

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