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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Tax Court decision was issued Monday.
Garrett LLC v. Noble County Assessor
49T10-1712-TA-22
Tax. Affirms the Indiana Board of Tax Review’s determination of Garrett LLC’s assessed value of its real property for the 2016 tax year. Finds Garrett failed to present sufficient evidence to support its claims on appeal.
Wednesday’s opinions
Indiana Supreme Court
NIPSCO Industrial Group v. Northern Indiana Public Service Company
18S-EX-334
Agency action. Modifies after rehearing the court’s June order in this case that limited how utilities can pass the bill for future costs to ratepayers. The modified order inserts language that now will allow utilities to recover project cost overruns in utility rate increases.
Indiana Court of Appeals
James Jones v. State of Indiana (mem. dec.)
18A-CR-41
Criminal. Reverses the Marion Superior Court’s imposition of probation fees on James Jones after it revoked his probation. Finds the trial court abused its discretion and probation fees should only be imposed in relation to probation served. Remands to the trial court for a reassessment of total costs and fees owed.
Robert Curry v. State of Indiana (mem. dec.)
18A-CR-940
Criminal. Affirms Robert Curry’s conviction of Level 2 felony voluntary manslaughter and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion in admitting certain evidence. Finds there is sufficient evidence to support the conviction.
William Henry Cook v. State of Indiana (mem. dec.)
18A-CR-547
Criminal. Affirms William Cook’s conviction of Level 3 felony robbery. Finds the Delaware Circuit Court did not err under the Fifth Amendment when it admitted statements Cook made to police as evidence, or Article 1, Section 11 of the Indiana Constitution when it admitted items gathered as a result of a search of Cook’s apartment. Also finds the trial court did not err when it did not allow Cook to cross-examine the victim about the victim’s pending criminal charge.
J.G. v. State of Indiana (mem. dec.)
18A-JV-1146
Juvenile. Affirms J.G.’s placement in the Department of Corrections as a juvenile. Finds the Marion Superior Court did not abuse its discretion in committing J.G. to the Department of Corrections.
Kathleen Strohbach v. Indiana Department of Child Services (mem. dec.)
18A-MI-1018
Miscellaneous. Reverses the Porter Circuit Court’s denial of Kathleen Strohbach’s petition to expunge a substantiated report of child neglect against her. Finds Strohbach made a prima facie showing of reversible error. Remands with instructions to the trial court to grant the petition and to order expungement of the substantiated report.
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