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Opinions June 6, 2014 ILD

Indiana Court of Appeals
Commissioner of Labor ex rel Vincent Scialdone and Antimo Scialdone v. An Island, LLC (NFP)
62A01-1312-PL-548
Civil plenary. Affirms trial court decision to not order An Island LLC to pay any 2010 wages to Antimo or Vincent Scialdone and to not award the plaintiffs attorney fees.

Charles Howlett v. State of Indiana (NFP)
49A04-1312-CR-600
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Youth Summer Legal Institute set for IU McKinney

Teenagers interested in legal careers will learn from judges, lawyers and other legal professionals at a program June 16-20 at Indiana University Robert H. McKinney School of Law in Indianapolis.

Court orders defendants to wear leg restraints at trial

A federal judge in Terre Haute has granted the government’s request that two defendants wear modified leg irons at an upcoming jury trial due to their violent criminal histories – both outside of prison and while incarcerated. The men face charges stemming from the murder of a fellow inmate.

Opinions June 5, 2014 ILD

The Indiana Tax Court released the following opinions after IL deadline Wednesday:
Nick Popovich v. Indiana Department of State Revenue (NFP)
49T10-1010-TA-53
Tax. Reaffirms decision to deny Popovich’s second motion to compel because he had not complied with the requirements of Ind. Trial Rule 26(F).

Thursday’s opinions
Indiana Court of Appeals
Curtis Oakes v. State of Indiana (NFP)
41A01-1308-PC-379
Post conviction. Affirms denial of petition for post-conviction relief.

Keith Scruggs v. State of Indiana (NFP)
49A05-1307-PC-341
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.

 

Opinions June 5, 2014

Indiana Tax Court
Jaklin Idris and Dariana Kamenova v. Marion County Assessor
49T10-1108-TA-49
Tax. Finds the Indiana Board of Tax Review did not err in upholding the 2006 assessment of Idris’ and Kamenova’s condominium unit. Rejects their claims the board abused its discretion in finding that Kamenova failed to establish that their property was entitled to an obsolescence adjustment, and in determining that the assessments of the three other units in their building failed to show that their property was over-assessed; and that the board erred in upholding their assessment given the assessor’s improper use of the “one unit multiple units” classification.

COA: Man’s sentence after guilty plea is illegal

The Indiana Court of Appeals reversed a man’s 10-year sentence resulting from a guilty plea for abusing his adopted teenaged children, holding that the sentence was based on an incorrect application of I.C. 35-50-1-2.

Spanish-speaking man did not waive rights in plea, justices hold

A non-native English speaker was able to show the Indiana Supreme Court that, during his guilty plea hearing, he was not properly advised of the constitutional rights he was waiving by pleading guilty. The justices reversed the denial of his petition for post-conviction relief.

Tax Court affirms 2006 assessment appealed pro se

Although sympathetic to a mother and daughter’s plight, the Indiana Tax Court affirmed the 2006 assessment of a downtown Indianapolis condominium. The judge pointed out that pro se litigants are held to the same standards as licensed attorneys.

Opinions June 4, 2014 ILD

Indiana Court of Appeals
Marilee Garrison v. State of Indiana (NFP)
82A04-1312-CR-599
Criminal. Affirms conviction and sentence for Class C felony conspiracy to commit theft.

Shemika L. Boyd v. Review Board of the Indiana Department of Workforce Development and Amazon Com INDC, LLC (NFP)
93A02-1310-EX-886
Agency action. Affirms decision that Boyd is ineligible for unemployment benefits.

Corday C. Dixon v. State of Indiana (NFP)
20A03-1311-CR-448
Criminal. Affirms convictions and sentence for two counts of Class C felony child molesting and one count of Class A felony child molesting.

Dennis Daniels v. State of Indiana (NFP)
20A05-1310-CR-517
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.

Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton, And WR Dunkin & Son, Incorporated; Lynch, Harrison & Brumleve, Inc.; et al (NFP)
29A02-1310-CT-839
Civil tort. Affirms summary judgment in favor of Shiel Sexton on the Fergusons’ negligence claim.

Aubrey Thompson v. State of Indiana (NFP)
49A02-1307-CR-606
Criminal. Reverses conviction of Class B misdemeanor public intoxication.

Jason Severs v. State of Indiana (NFP)
84A05-1310-CR-527
Criminal. Affirms sentence for securities fraud as a Class B felony, unlawful acts related to offer of sale of a security as a Class C felony and violating broker-dealer registration requirements as a Class C felony.

Jacob Lutz v. State of Indiana (NFP)
15A01-1310-CR-451
Criminal. Affirms determination that Lutz is a sexually violent predator.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

Opinions June 4, 2014

Lori Nicklas v. Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber; and Von Tobel Lumber Company, Inc.
64A03-1310-CC-429
Civil collection. Affirms summary judgment in favor of Von Tobel Corp. and the denial of Nicklas’ motion for summary judgment on the company’s action to recover money owed on a promissory note executed by Nicklas and her husband. An agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract, so Van Tobel was free to seek a judgment against Lori Nicklas after an agreed judgment with Shawn Nicklas had been entered.

Court rules gynecologist can’t testify on mental competency

A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.

COA orders trial over 1 issue in contaminated development land suit

The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.

Justices question prosecutor’s tactics, but decline to award new trial

The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.