Opinions Oct. 12, 2017

Keywords Opinions

Indiana Court of Appeals
Lamasco Redevelopment, LLC v. Henry County, Indiana, Auditor and Henry County, Indiana, Treasurer
Miscellaneous. Grants rehearing and reaffirms the original opinion. Finds the amount a purchaser paid for one of the parcels of land at issue is immaterial to the decision in the case. Also finds the original opinion did not misstate key points of In re 2014 Johnson County Tax Sale, 48 N.E.3d 340 (Ind. Ct. App. 2015).

Mark Reed v. State of Indiana
Criminal. Affirms Mark Reed’s conviction for child molesting as a Class A felony. Finds Reed has not demonstrated the evidence is without conflict and leads inescapably to the conclusion that he was entitled to dismissal.

Diversified Technical Services, Inc. v. Indiana Department of Workforce Development
Agency. Reverses the decision of a liability administrative law judge concluding Diversified Technical Services Inc. was a successor employer that had assumed unemployment tax liabilities upon acquiring substantially all the assets of Diverse Technical Services, an entity owned by Pokey Inc. Finds the ALJ’s conclusion that DTS is the successor employer of Diverse was incorrect as a matter of law.

Robert K. Reinmiller Living Trust, Timothy H. Matthews and Paula C. Matthews v Jeffrey L. Metschuleit, Karen Metschuleit, Glenn Nix, and Moira Nix
Civil plenary. Affirms the trial court’s findings that the center section line established in a survey between the properties is valid. Reverses the court’s decision to partially invalidate the boundary lines because the lower court did not order the county surveyor to mark the lines with durable markers. Remands with instructions to order the county surveyor to locate the center section line with durable markers in the proper place according to its findings.

John Anthony Hawkins v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of John Anthony Hawkins’ second motion to correct erroneous sentence in which he challenged the Marion Superior Court’s determination of the aggravating circumstances, weighing of aggravating and mitigating circumstances, and imposition of an enhanced 65-year sentence without a determination of aggravating circumstances found by a jury. Finds that a motion to correct erroneous sentence is limited to correcting sentencing errors apparent on the face of the judgment, and Hawkins raises issues outside of this context. Also finds the trial court did not abuse its discretion.

B.W. v. State of Indiana (mem. dec.)
Juvenile. Affirms the juvenile court’s dispositional order that granted wardship of B.W. to the Department of Correction. Finds the court’s decision fulfills the juvenile system’s dual purpose of rehabilitation and behavioral redirection.

Daniel F. Delacruz v. State of Indiana (mem. dec.)
Criminal. Affirms Daniel F. Delacruz’s sentence to an aggregate executed sentence of 10 years, with an additional two years suspended to probation, for his convictions of three counts of sexual misconduct with a minor as Class C felonies. Finds Delacruz has failed to demonstrate his sentence is inappropriate.

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