Opinions Aug. 10, 2021

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The following Indiana Tax Court opinion was posted after IL deadline:
Convention Headquarters Hotels, LLC v. Marion County Assessor
Tax. Denies motions for summary judgment brought separately by opposing parties Convention Headquarters Hotels LLC and the Marion County assessor. Finds several genuine issues of material fact have been raised that need to be addressed at trial.

Tuesday opinions
7th Circuit Court of Appeals
Beverly Zylstra and Bernard Zylstra v. DRV, LLC
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the Indiana Northern District Court’s grant of summary judgment to DRV, LLC against Bernard and Beverly Zylstra on their suit claiming breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act and violation of state deceptive practices acts. Finds even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects to their RV as required under the warranty. Therefore, the Zylstras’ claims cannot survive.

Indiana Court of Appeals
Eddy Gonzalez v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Eddy Gonzalez’s pro se petition for post-conviction relief from his felony rape conviction. Finds the post-conviction court did not err in finding that the lack of an interpreter at the guilty plea hearing did not render Gonzalez’s guilty plea involuntary. Also finds Gonzalez has failed to prove that he was prejudiced by his trial counsel’s actions.

E.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms E.M.’s placement in the Indiana Department of Correction following his juvenile adjudication. Finds the Lake Superior Court acted within its discretion by placing E.M. in the DOC.

Corey R. Rhoton v. State of Indiana (mem. dec.)
Criminal. Affirms Corey Rhoton’s aggregate 64-year sentence, with four years suspended to probation, for his convictions of two counts of Class A felony child molesting, two counts of Class C felony child molesting, and four counts of Level 4 felony child molesting. Finds his sentence is not inappropriate.

Anthony Cook v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Cook’s 16-year sentence for his convictions of Level 3 felony battery resulting in serious bodily injury to a person less than 14 years of age. Finds the trial court would have imposed the same sentence had it explicitly found Cook’s lack of criminal history to be a mitigator. Also finds Cook’s maximum sentence is not inappropriate.

In re the Termination of the Parent-Child Relationship of K.H. and A.H. (Minor Children) and M.S. (Father), M.S. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father M.S.’s parental rights to his children, A.H. and K.H. Finds termination of father’s parental rights is in the children’s best interests.

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