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Anthony Wayne Carter v. State of Indiana
No. 25S-LW-50
Criminal. Appeal from the Bartholomew Superior Court, Judge James D. Worton. Affirms Carter’s murder conviction and sentence of life imprisonment without parole. Holds the trial court did not abuse its discretion by declining to give a proposed lesser-included jury instruction on reckless homicide because there was no serious evidentiary dispute regarding Carter’s intent; Carter conceded he intentionally hastened the victim’s death by asphyxiation, which was an actual and proximate cause of death even if the gunshot wound was potentially fatal. Further holds sufficient evidence supported the jury’s finding of the statutory torture aggravator under Indiana Code § 35-50-2-9(b)(11), based on evidence that Carter intentionally prolonged and amplified the victim’s suffering through shooting, strangulation, and methodical suffocation with a plastic bag and duct tape. Concludes the jury reasonably found the aggravators outweighed any mitigating circumstances and properly recommended life without parole. Appellant’s attorney: R. Patrick Magrath. Appellee’s attorneys: Office of the Indiana Attorney General.
The following opinion was issued Feb. 3 after The Lawyer’s deadline.
Indiana Tax Court
David A. Gertz and Nichelle L. Gertz v. Porter County Assessor
No. 24T-TA-00013
Tax. Appeal from the Indiana Board of Tax Review. Final Decision on Rehearing by Judge Justin L. McAdam. Grants the petition for rehearing for the limited purpose of modifying the Dec. 22, 2025, opinion to clarify the differentiation among the various Form 11 Notice documents filed by Gertz with the Indiana Board of Tax Review. Issues a new opinion consistent with that modification. Otherwise upholds the original decision and affirms the Board’s final determination reverting the property’s assessed value to the prior year’s assessment. Enters judgment in favor of the Porter County Assessor and against the petitioners, with each party to bear its own costs. Petitioners: David A. Gertz (pro se) and Nichelle L. Gertz. Respondent’s attorneys: Mark E. GiaQuinta and Nicholas M. Brady.
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