Opinions Sept. 1, 2022

Keywords Opinions

The following Indiana Tax Court opinion was posted after IL deadline on Wednesday:
Andy Young v. Lake County Assessor
22T-TA-00002
Tax. Affirms the Indiana Board of Tax Reviews final determinations that reduced one of Andy Young’s four residential real property assessments for the 2017 tax year. Finds Young has not demonstrated that the board’s final determinations are erroneous.

Thursday opinions
Court of Appeals of Indiana
Jeramie M. Elston v. State of Indiana
22A-CR-316
Criminal. Affirms and reverses in part the denial of Jeramie Elston’s motion to dismiss the state’s petition to revoke his probation. Finds the petition to revoke filed on Oct. 22, 2019, was untimely with regard to Cause No. 39D01-1711-CM-991 and should have been dismissed as to that case. Also finds the petition to revoke in Cause No. 39D01-1805-F5-512 was timely filed, so the Jefferson Superior Court did not abuse its discretion by denying the motion to dismiss as to that case. 

Darla J. Ellis v. State of Indiana
22A-CR-868
Criminal. Affirms Darla Ellis’ conviction of Level 6 felony stalking. Finds the Huntington Circuit Court did not abuse its discretion when it denied Ellis’s motion for change of venue or when it rejected her proposed preliminary instruction. Also fthe First Amendment does not protect true threats, so Ellis waived her challenge under Article 1, Section 19 of the Indiana Constitution by not presenting the challenge before the trial court, and waiver notwithstanding, the Indiana Constitution does not protect her speech. Finally, finds the state presented sufficient evidence to support her convictions.

Springbrook Village Batesville LLC, and Eunoia Development Group LLC v. Southeast Indiana Title Inc., Douglas C. Amberger, and Chicago Title Company Inc.
21A-CT-2603
Civil tort. Affirms the dismissal of a complaint brought by Springbrook Village Batesville LLC and Eunioa Development Group LLC against Southeast Title Inc. and Chicago Title Company LLC. Finds Springbrook failed to show that it was prejudiced by the Marion Superior Court dismissing its complaint. Also finds the trial court did not err when granting S.E. Title and Chicago Title’s motions to dismiss. 

Brittney Davison v. State of Indiana (mem. dec.)
21A-CR-2315
Criminal. Affirms Brittney Davison’s two convictions of resisting law enforcement, one as a Level 6 felony and one as a Class A misdemeanor. Finds Davison has failed to demonstrate that her convictions of resisting law enforcement are unsupported by the evidence.

Dietrich Lapsley v. Anh Lapsley (mem. dec.)
21A-DC-2858
Domestic relations with children. Affirms and reverses in part the order dissolving the marriage of Dietrich and Anh Lapsley. Finds the trial court did not err when it awarded Anh sole legal and primary physical custody of child or when it assigned the lawn equipment as an asset to Dietrich. Also finds the trial court erred when it ordered Dietrich to pay Anh a property equalization payment of $54,223 because the trial court’s finding regarding the assets and debts of the marital pot is incorrect, so any further calculations based thereon are incorrect. Remands.

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