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Opinions Dec. 6, 2018

Indiana Court of Appeals 
Collins Asset Group, LLC v. Alkhemer Alialy
18A-CC-1160
Civil collection. Affirms the Hamilton Superior Court’s dismissal Collins Asset Group, LLC’s complaint against Alkhemer Alialy. Finds that the trial court did not err in granting Alialy’s motion to dismiss. Also finds the trial court correctly concluded that CAG’s action was barred by the six-year statute of limitations pursuant to Indiana Code section 34-11-2-9.

Tax court affirms jurisdiction, McCordsville land assessment

The Indiana Tax Court affirmed that it had subject matter jurisdiction over a trust’s claims of an invalid annexation and storm water charges on its farmland, but ultimately found that the Indiana Board of Tax Review did not err in upholding the assessment of the land.

Munster man pleads guilty to post office pipe bomb

A man charged in a pipe bomb explosion at a northwestern Indiana post office says he was targeting an attorney who had filed a lawsuit against him. Eric Krieg of Munster pleaded guilty Tuesday to making an unregistered destructive device and other charges. 

Judge denies new trial in off-duty officer’s 1980 death

A judge has denied a request for a new trial for an alleged getaway driver convicted in the 1980 shooting death of an off-duty northwestern Indiana police officer. James Hill was sentenced to 47 years in prison in October after a jury earlier convicted him of murder in perpetuation of robbery and attempted robbery, and Judge Salvador Vasquez determined there was no need for a new trial.

Indiana midterm election turnout hit 51 percent

Voter participation in Indiana’s fall election was 51 percent, the first time since 1994 that the state topped 50 percent in a midterm election. Henry County had the highest turnout in Indiana with 64 percent of registered voters casting a ballot, while Vigo and Madison counties had the lowest turnout at 44 percent of registered voters. 

Prosecutors recommend no jail time for cooperative Flynn

President Donald Trump’s former national security adviser provided so much information to the special counsel’s Russia investigation that prosecutors say he shouldn’t do any prison time, according to a court filing that describes Michael Flynn’s cooperation as “substantial.”

Opinions Dec. 5, 2018

Indiana Supreme Court
Kevin Andrew Schuler v. State of Indiana
31S00-1703-LW-134
Life without parole. Affirms the Harrison Superior Court’s conviction of Kevin Shuler for murder. Finds Shuler’s Miranda rights were not violated, there was sufficient evidence to support his 65-year sentence, and Shuler’s sentence is appropriate. Remands for a new, more specific sentencing statement consistent with Harrison v. State.

Majority justices: RV dealer must pay taxes in ‘sham’ transactions

A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.

COA denies sentence modification to parolee

A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.

Murder convictions affirmed, remanded for sentencing statement

Indiana Supreme Court justices affirmed a man’s two murder convictions, finding his Miranda rights were not violated and that his sentence was appropriate. However, the high court remanded for a more specific sentencing statement as required.

COA: Lake County court overstepped in awarding fees in Illinois case

A Lake County court lacked jurisdiction to award nearly $2 million in attorney fees arising from a permanently injured man’s Illinois worker’s compensation case. The Indiana Court of Appeals on Wednesday vacated the judge’s order on fees entered in the man’s guardianship case.

Murder conviction after drug deal gone wrong stands

The Indiana Court of Appeals affirmed a man’s conviction of two counts of murder despite his arguments that one of the deaths was unforeseeable at the time of the drug-deal gone wrong in South Bend.