Opinions Aug. 4, 2020

The following Indiana Tax Court opinion was posted after IL deadline Monday.
Bartholomew County Assessor v. Housing Partnerships, Inc.
18T-TA-21
Tax. Affirms the Indiana Board of Tax Review’s final determination that Housing Partnerships, Inc. qualified for a charitable purposes exemption during the 2008, 2010, 2012, 2014, and 2016 tax years. Finds that substantial and reliable evidence supports the determination. However, remands the matter to the Indiana Board to determine which of Housing Partnerships’ properties were at issue during the 2016 tax year.

Tuesday’s opinions
Indiana Supreme Court
State of Indiana v. Samuel E. Vande Brake
20S-CR-499
Criminal. Affirms the Tippecanoe Superior Court’s dismissal of the State of Indiana’s firearm enhancement sought against Samuel Vande Brake. Finds the state failed to meet its burden to show that the trial court’s implied finding of waiver and subsequent sua sponte dismissal of the firearm enhancement were contrary to law.

Indiana Court of Appeals
Terry E. Garber, Jr. v. State of Indiana
20A-CR-309
Criminal. Affirms Terry Garber Jr.’s aggregate 20-year sentence with two years suspended to probation for conviction of Level 3 felony rape and two counts of Level 6 felony battery. Finds in light of the nature of his offenses and his character, Garber has failed to establish that a reduction in his sentence imposed in Elkhart Superior Court is warranted.

Jeremy R. Sims v. Indiana Bureau of Motor Vehicles (mem. dec.)
19A-MI-2796
Miscellaneous. Affirms the Floyd Superior Court’s amendment of its order granting Jeremy Sims specialized driving privileges. Finds that the BMV properly filed a motion to correct error in the trial court’s judgment, and the trial court duly amended the duration of Sims’ specialized driving privileges. Finds no error in the trial court’s subsequent denial of Sims’ motion to correct error because the BMV is statutorily authorized to seek amendment to orders for SDP that are contrary to law.

In the Matter of the Adoption of G.B.A., L.C. v. B.D. (mem. dec.)
20A-AD-744
Adoption. Affirms the Greene Circuit Court’s decree of adoption granting stepfather B.D.’s petition to adopt Father L.C.’s minor child. Concludes that Father has failed to establish a prima facie case that the trial court erred in concluding that his consent to the adoption was unnecessary.

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