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Tax Court orders more proceedings on sale of racetrack and card club

The Indiana Department of State Revenue scored a partial victory in Tax Court on Wednesday when the court granted the agency’s motion for summary judgment regarding whether I.C. 6-3-2-2.2 applied in its taxing of a portion of the gain generated by a Las Vegas-based corporation’s sale of a horse racetrack and card club to an out-of-state company. But there are issues of genuine material fact as to whether the department correctly classified Pinnacle Entertainment’s gain as business income.

Inconsistency by trial court leads to partial reversal

Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child’s mother, but later treated their income as the same when it came to the cost of her child’s health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court’s 2014 ruling.

Legislature continues support of We the People program

Indiana’s We the People program, a civics education curriculum that teaches elementary, middle and high school students about U.S. history and government, has received another round of funding from the Statehouse.

Opinions June 3, 2015 ILD

Indiana Court of Appeals
Brent Simcox v. State of Indiana (mem. dec.)
52A04-1501-CR-8
Criminal. Affirms amount of restitution Simcox must pay after pleading guilty to Class B felony burglary.

Ronald C. Weyland v. State of Indiana (mem. dec.)
48A04-1409-CR-446
Criminal. Affirms convictions for Class A felony attempted child molesting and Class C felony child molesting. Reverses conviction of Class A felony child molesting and remands with instructions to vacate.

Jabari R. Eldridge v. State of Indiana (mem. dec.)
02A03-1412-CR-458
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury and determination Eldridge is a habitual offender.

Kevin Lavell Curry v. State of Indiana (mem. dec.)
20A03-1405-CR-172
Criminal. Affirms habitual criminal offender enhancement to sentence for convictions of Class C felony corrupt business influence and 15 counts of Class C felony forgery.

In Re The Paternity of K.R.K.; K.O. v. R.H.K. (mem. dec.)
02A03-1408-JP-274
Juvenile. Affirms denial of mother’s petition to relocate.

In Re The Marriage of: Norman S. Carlson v. Jean E. Carlson (mem. dec.)
82A01-1410-DR-448
Domestic relation. Affirms orders father continue to pay post-secondary educational expenses for his children and to pay medical expenses associated with son R.S.C.’s treatments for cancer.

Meghan Hambright v. State of Indiana (mem. dec.)
84A01-1501-CR-13
Criminal. Affirms revocation of probation and order Hambright serve her two-year sentence in the Department of Correction.

Fred R. Morris, Jr. v. State of Indiana (mem. dec.)
02A04-1410-CR-506
Criminal. Affirms six-year sentence for Class C felony carrying a handgun without a license and Class D felony dealing in a synthetic drug or a synthetic drug lookalike substance.

Darrin Purnell v. State of Indiana (mem. dec.)
49A05-1411-CR-535
Criminal. Affirms conviction of Level 5 felony operating a motor vehicle after forfeiture of driving privileges for life.

Gregory J. Mills v. Dean Kimbley (mem. dec.)
49A02-1403-PL-212
Civil plenary. Affirms ruling on second contempt order, ruling in favor of Kimbley and awarding him attorney fees.

David Cruz, Jr. v. State of Indiana (mem. dec.)
90A05-1501-CR-13
Criminal. Affirms sentence for conviction of Class D felony domestic battery and two convictions of Level 4 felony burglary.

Robert L. Walp v. State of Indiana (mem. dec.)
53A01-1409-CR-409
Criminal. Affirms convictions of three counts of Class A felony attempted murder.
 

Opinions June 3, 2015

Indiana Supreme Court
Jason and Justina Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc.
71S03-1506-CT-350
Civil tort. Affirms summary judgment for Catholic Charities on the Kramers’ lawsuit alleging negligence after the baby they adopted through the agency was returned to her father eight months later after he contested the adoption. The Kramers failed to demonstrate that Catholic Charities had any duties with respect to the putative father registry in excess of its statutory obligation. Justice Dickson dissents with separate opinion.

Justices: Adoption agency didn’t breach duty to couple

The Indiana Supreme Court ruled 4-1 in favor of an adoption agency that it did not have any duties with respect to the putative father registry in excess of statutory requirements. A couple who adopted a baby through the agency – only later to have her removed from their care after the biological father contested the adoption – sued the agency alleging negligence.

Appeals court sides with EPA on air pollution limits

A federal appeals court ruled Tuesday that the Environmental Protection Agency complied with the law in deciding which areas of the country failed to meet federal limits on smog-forming pollution that can cause asthma and respiratory illness.

Opinions June 2, 2015 ILD

Indiana Court of Appeals
Delmar P. Kuchaes v. Public Storage, Inc. (mem. dec.)
49A04-1411-PL-545
Civil plenary. Reverses summary judgment in favor of Public Storage. Finds the Marion Superior Court erred in granting Public Storage’s motion for summary judgment without considering Kuchaes’ response and materials in opposition. Also, finds the trial court erred by ruling on the parties’ cross-motions for summary judgment without conducting a hearing. Remands with instructions for the trial court to conduct a hearing on both summary judgment motions and to consider all of the parties’ materials.

M.D. v. Indiana University Health Bloomington Hospital (mem. dec.)
53A05-1411-MH-515
Mental health. Affirms order of forced medication following a regular involuntary commitment order expected to exceed 90 days.

M.S. v. State of Indiana (mem. dec.)
49A02-1403-JV-184
Juvenile. Affirms Marion Superior Court’s adjudication of M.S. as a delinquent child for committing robbery, a Class C felony.

Amanda and Joseph Emanuele and Alicia Emanuele v. Winford E. Moore, III (mem. dec.)
41A01-1409-GU-397
Guardianship. Affirms Johnson Superior Court’s order denying grandparents’ petition for permanent guardianship of minor child and awarding custody to the biological father.

In the Matter of the Term. of the Parent-Child Relationship of J.L., T.L. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1410-JT-732
Juvenile. Affirms Marion Superior Court’s order terminating mother’s parental rights to J.L.

Antione Nelson v. State of Indiana (mem. dec.)
32A04-1409-CR-454
Criminal. Affirms sentence of 30 days in Hendricks County Jail and suspension of Nelson’s license for 180 days for driving while suspended, a Class A misdemeanor.

The Lewallen Revocable Trust, et al. v. Fifth Third Mortgage Company (mem. dec.)
15A01-1409-MF-396
Mortgage foreclosure. Affirms Dearborn Circuit Court’s Decree of Foreclosure with respect to one-half interest held by the trust. Reverses the Decree of Foreclosure with respect to Randall C. Lewallen’s one-half interest in the property.  http://www.in.gov/judiciary/opinions/pdf/06021506par.pdf

Ricci Dale Davis, Jr. v. State of Indiana (mem. dec.)
35A02-1411-CR-804
Criminal. Affirms conviction of dealing in methamphetamine within 1,000 feet of a youth program center, a Class A felony.

Ashley J. Todd v. State of Indiana (mem. dec.)
02A04-1412-CR-588
Criminal. Affirms aggregate four-year sentence, fully executed in the Indiana Department of Correction for possession of methamphetamine, a Class D felony; maintaining a common nuisance, a Class D felony; possession of chemical reagents or precursors with the intent to manufacture, a Class D felony; possession of paraphernalia, a Class A misdemeanor; and theft, a Class D felony.

 

Opinions June 2, 2015

7th Circuit Court of Appeals
Tommy R. Pruitt v. Ron Neal, Superintendent, Indiana State Prison
13-1880
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller, Jr.
Post conviction. Reverses death sentence for Tommy Pruitt, convicted of murder for killing Morgan County Deputy Sheriff Daniel Starnes in 2001. Pruitt has established that he is intellectually disabled and categorically ineligible for the death penalty and that trial counsel were ineffective in their investigation and presentation of evidence that Pruitt suffered from schizophrenia. Remands for new penalty-phase proceeding.

Injured man fails to convince COA he was mentally incompetent

A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.

Plan to establish commercial courts in Indiana moves forward

The move to create commercial courts in Indiana, first mentioned by Chief Justice Loretta Rush during her State of the Judiciary address in January, is a step closer to becoming a reality. The Indiana Supreme Court announced Tuesday that it has named a working group to recommend policies and procedures for the courts, which could be hearing cases as early as 2016.

IndyBar: You Can Make a Difference

Three hours out of 744. That’s all it takes to help a family in need—a few hours each month. The result? Happier, safer families leading to a happier, safer city.

IndyBar: See the Future at Bench Bar 2015

If you go to the Bench Bar Conference, you will meet some of Indy’s finest legal professionals – it’s guaranteed. You’ll also get to learn from some of the most well-known and experienced practitioners in the field.

COA finds Zionsville has authority to incorporate neighboring township

Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.

IndyBar: Bar Leader Series Class XII Demonstrates Leadership in Action

Throughout the IndyBar’s Bar Leader Series, the importance of motivating, inspiring and leading for the benefit of the profession and community is emphasized at every turn. Participants in Class XII of the series clearly took this to heart, sharing impactful, visionary community service projects at the Class XII Celebration, held May 19.