Opinions April 11, 2019

Keywords Opinions

The following Indiana Tax Court opinion was published after IL deadline Wednesday:
Tony W. Smith and Shirlena Smith v. Indiana Department of State Revenue
49T10-1605-TA-13
Tax. Grants Tony and Shirlena Smith’s motion for partial summary judgment against the Indiana Department of State Revenue. Finds the department’s modifications to the Smiths’ adjusted gross income tax liabilities for 2005 through 2007 were limited to the final modifications made by the Internal Revenue Service to resolve the federal audit for those years. Orders the court to schedule a case management conference with the parties to discuss pretrial matters and scheduling. 

Thursday opinions
Indiana Court of Appeals 

The Village Pines at the Pines of Greenwood Homeowners' Association, Inc. v. Pines of Greenwood, LLC, and Arbor Homes, LLC
18A-PL-135
Civil Plenary. Affirms the Johnson Superior Court’s judgment on favor of The Village Pines HOA on its complaint of breach of fiduciary duty by Pines of Greenwood and Arbor Homes. Finding that Pines and Arbor Homes did not property record an amendment to the Declaration of the HOA, reverses and remands for a hearing on damages on the breach of contract claim.

Forrest Perkins v. Memorial Hospital of South Bend
18A-CT-1340
Civil tort. Affirms the grant of summary judgment in favor of Memorial Hospital of South Bend in Forrest Perkins’ wrongful termination action. Finds Perkins’ situation did not fall within the public policy exception of the at-will employment doctrine. Also finds the St. Joseph Superior Court did not err in granting summary judgment to the hospital. Judge James Kirsch dissents with separate opinion. 

Trevor Wert v. State of Indiana
19A-CR-92
Criminal. Affirms Trevor Wert’s 65-year murder sentence. Finds the Noble Superior Court did not commit an abuse of discretion. Also finds the trial court did not misinterpret the terms of Wert’s plea agreement, but rather made a mistake in its written sentencing order. Remands to the trial court for the limited purpose of issuing a new written sentencing order.

Haile S. Long v. State of Indiana
18A-CR-2140
Criminal. Affirms Haile Long’s conviction of Level 2 felony counts of dealing cocaine and dealing a narcotic drug, three counts of Level 3 felony dealing cocaine, Level 5 felony dealing a Schedule IV controlled substance, Level 6 felony maintaining a common nuisance and Class A misdemeanor dealing marijuana. Finds the Delaware Circuit Court did not violate his Sixth Amendment right to a public trial.

Gary Lee Allred v. State of Indiana (mem. dec.)
18A-CR-1538
Criminal. Affirms Gary Allred’s conviction of Level 6 felony auto theft. Finds the Huntington Superior Court did not abuse its discretion in giving an accomplice liability preliminary instruction. Finds Allred’s substantial rights were not prejudiced. 

D'Angelo A. Honorable v. State of Indiana (mem. dec.)
18A-CR-2345
Criminal. Affirms then-14-year-old D’Angelo Honorable’s 64-year sentence for murder. Finds there is sufficient evidence to sustain his conviction and that his sentence is not inappropriately harsh. Finds the Elkhart Circuit Court did not abuse its discretion in refusing to impose alternative juvenile sentencing based on the seriousness of the offense and Honorable’s failure to reform his conduct in the juvenile system. 

Ahkeem Scott-Manna v. State of Indiana (mem. dec.)
18A-PC-467
Post-conviction. Affirms the denial of Ahkeem Shakur Scott-Manna’s motion for a change of judge in his post-conviction relief proceedings. Finds the Lake Superior Court did not erroneously deny Scott-Manna’s motion for a change of judge. 
 

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