Opinions Feb. 24, 2022

The following Indiana Tax Court opinion was posted after IL deadline Wednesday:
Matthew A. Schiffler v. Marion County Assessor  
Tax. Reverses the Indiana Board of Tax Review’s final determination denying Matthew A. Schiffler’s request for relief when it found that Schiffler’s carriage house and detached garage that he used as extensions of his home were not eligible for the standard homestead deduction. Finds that decision is contrary to law. Remands for action consistent with the Tax Court’s opinion.

Thursday opinions
Court of Appeals of Indiana
Vichitra Tyagi v. Vinita Singh Tyagi
Domestic relations with children. Affirms the dissolution of Vichitra Tyagi’s marriage to Vinita Singh Tyagi. Finds the Boone Superior Court did not err in several instances, including when it found that a note payable existed and allocated it as an asset to Husband; when it found Husband’s weekly income to be $5,000 for child support; when it relied on Wife’s evidence about the U.S. dollars and Indian rupees conversion rate; and when it unequally divided the marital estate.

Patrick T. Lattner and Susan L. Lattner v. Daniel J. Emerson and Carrie B. Emerson (mem. dec.)
Civil plenary. Affirms the Vanderburgh Superior Court’s entry of summary judgment to Daniel J. Emerson and Carrie B. Emerson in a dispute with their neighbors, Patrick T. Lattner and Susan L. Lattner over a dispute about the Emersons’ pool construction project. Finds the trial court did not err in denying the Lattners’ request for injunctive relief and entering judgment against them.

Devonte D. Perkins v. State of Indiana (mem. dec.)
Criminal. Affirms Devonte D. Perkins’ multiple convictions after leading law enforcement officers on a high-speed chase. Finds Perkins’ rights under Criminal Rule 4 were not violated when the Whitley Circuit Court twice continued his trial due to delays caused by the COVID-19 pandemic. Also finds the rule allows trial courts to continue trials beyond the default 70-day deadline due to calendar congestion and other emergencies.

Kente Lamonte Barker v. State of Indiana (mem. dec.)
Criminal. Affirms the Marion County Re-Entry Court’s order denying Kente Lamonte Barker’s petition for modification of his sentence. Finds that because Barker did not get the consent of the prosecuting attorney to file his June 22, 2021, petition, the REC did not have statutory authority to even consider it. Also finds the REC correctly determined that Barker’s reinstatement to the reentry program was subject to the Parole Board’s determination, so it didn’t abuse its discretion.

In the Matter of C.B., M.B., and K.B., Children in Need of Services, R.A., Mother v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
Juvenile CHINS. Affirms the designation of father M.B. and mother R.A.’s three kids as children in need of services. Finds R.A. never requested a fact-finding hearing, and waiver notwithstanding, the juvenile court did not err in determining the children were CHINS. Also finds R.A. was afforded all her constitutional rights of due process.

Jason W. Wiggs v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Wiggs’ conviction of Level 5 felony battery and his adjudication as a habitual offender. Finds the state presented sufficient evidence, and the incredible dubiosity rule was not applicable. Also finds the Kosciusko Superior Court didn’t err when it excluded Wiggs from the bifurcated habitual offender component of his trial.

Krista Lynn Sciotto v. State of Indiana (mem. dec.)
Criminal. Remands Krista Sciotto’s case to the Vermillion Circuit Court for the recalculation of probation fees she owes, if any. State agrees remand is appropriate.

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