Opinions June 30, 2021

The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals
United States of America v. Jacob K. Wessel
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Affirms Jacob Wessel’s conviction of being a felon in possession of a firearm. Finds the Indiana Southern District Court judge committed no clear error in finding Wessel competent to stand trial, despite his assertion that he was not.

Indiana Tax Court
Thelma Jean Hatke v. Katie Potter, Parke County Assessor
Tax. Affirms the Indiana Board of Tax Review’s final determination denying Thelma Jean Hatke’s exemption application for the 2019 tax year. Finds Hatke has not demonstrated that the portion of her land subject to a U.S. Army Corps of Engineers easement was entitled to an exemption under Indiana Code § 6-1.1-10-16(a). Also finds Hatke has not demonstrated that the board’s final determination was erroneous.

Wednesday opinions
Indiana Supreme Court
Jeffrey B. Cutchin v. Amy L. Beard
Certified question. Finds the Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health care provider treated someone else negligently and that the negligent treatment injured the plaintiff. Declines to answer the question of whether the act prohibits the Patient’s Compensation Fund from contesting the act’s applicability to a claim after the claimant concludes a court-approved settlement with a covered health care provider. Justice Steven David concurs in result with separate opinion.

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