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Opinions Nov. 8, 2019

November 8, 2019

The following Indiana Tax Court opinion was posted after IL deadline Thursday.
McClain Museum, Inc. v. Madison County Assessor
18T-TA-1
Tax. Affirms the Indiana Board of Tax Review’s final determination that the Anderson McClain Museum’s property did not qualify for an educational purposes exemption, and reverses the board’s determination that the museum’s property did not qualify for a charitable purposes exemption. Finds the museum has made no showing that it conducts educational services, training or coursework related to military history, or that the state’s burden to provide military history education is relieved or would be increased if it were not for the museum. Also finds the museum’s ownership, occupation and use of its property convey a gift for the benefit of the general public that is charitable in nature. Finally, finds evidence contained in the administrative record supports the Tax Court’s finding that the museum’s property is eligible for a 75% exemption. Remands to the Indiana board to ensure the Madison County Assessor complies with the Tax Court’s instructions.

Justices reverse grant of transfer in teen murder case following oral arguments

November 8, 2019 | IL Staff

Just hours after hearing oral arguments on the merits in a murder case from 2000, the Indiana Supreme Court reversed its decision to assume jurisdiction over the case.

COA heads to Adams Co. to hear hit-and-run case

November 8, 2019 | IL Staff

The Indiana Court of Appeals will travel northeast next week to hear arguments in a case involving a man charged in a fatal hit-and-run.

Indiana sees huge jump in sports betting with boost from mobile wagering

November 8, 2019 | Indianapolis Business Journal Staff and Lindsey Erdody

Hoosiers wagered nearly $92 million on sports in October — the first month that mobile bets were accepted — according to numbers released Friday by the Indiana Gaming Commission.

Evansville officer resigns 2 months after fight where man died

November 8, 2019 | Associated Press

A southwestern Indiana police officer has resigned nearly two months after a Pennsylvania man died following a fight with police. Evansville police spokesman Officer Phil Smith said Thursday that Trevor Koontz’s resignation was voluntary.

Fort Wayne attorney becomes Indiana Chamber board leader

November 8, 2019 | IL Staff

A Fort Wayne attorney has taken the helm of the Indiana Chamber of Commerce as the leader of its board of directors. The partner in Faegre Baker Daniels’ Fort Wayne office will serve a one-year volunteer term.

Senators seeking applications after Springmann announces senior status

November 8, 2019 | IL Staff

Indiana’s senators are taking applications for an upcoming judicial vacancy after Northern District Court Chief Judge Theresa Lazar Springmann announced she will soon take senior status.

Tax Court: Military museum not entitled to educational exemption

November 8, 2019 | Katie Stancombe

The Indiana Tax Court has affirmed an Indiana Board of Tax Review’s final determination that a Madison County nonprofit military museum does not qualify for an educational purposes exemption, though the court did find a charitable exemption is applicable.

House impeachment inquiry becomes teachable moment across US

November 8, 2019 | Associated Press

The House impeachment inquiry into Trump’s dealings with Ukraine has become a teachable moment in classrooms around the country as educators incorporate the events often hundreds of miles away in Washington into their lesson plans.

Court to rehear law on adoptions of Native American children

November 8, 2019 | Associated Press

A federal appeals court announced Thursday that it will take a second look at an emotionally fraught lawsuit governing the adoption of Native American children. Texas, Indiana and Louisiana have also joined the lawsuit, siding with the would-be adoptive families.

Gary official charged with kidnapping teen after car theft

November 8, 2019 | Associated Press

The president of the Gary City Council faces charges alleging he kidnapped a 14-year-old boy he believed was involved in stealing his car. Ronald Brewer was charged Thursday with kidnapping, criminal confinement and intimidation.

Judge orders Trump to pay $2M for charity foundation misuse

November 7, 2019 | Associated Press

A New York judge on Thursday ordered President Donald Trump to pay $2 million to an array of charities to resolve a lawsuit alleging he misused his own charitable foundation to further his political and business interests.

 

Opinions Nov. 7, 2019

November 7, 2019

Indiana Court of Appeals
Toby Lewis Webster v. State of Indiana (mem. dec.)
19A-CR-683
Criminal. Affirms Toby Webster’s conviction of Level 3 felony armed robbery. Finds sufficient evidence to support Webster’s armed robbery conviction because the victim testified Webster used a knife to stab him and then stole his van. Finds the Marion Superior Court improperly merged the battery with a deadly weapon count and the armed robbery count in violation of Indiana’s prohibition against double jeopardy. Reverses Webster’s conviction of Level 5 felony battery by means of a deadly weapon. Remands for the trial court to vacate the improperly merged battery conviction.

Law change cuts award in uniform rental wage deduction class action

November 7, 2019 | Katie Stancombe

The Southern District Court has reduced an award of attorney fees to a plaintiff class in a fight against a car parts manufacturer after a retroactive wage-reduction law went into effect earlier this year.

Justices weigh murder case from 2000 involving 15-year-old

November 7, 2019 | Katie Stancombe

A decades-old murder case was considered by the Indiana Supreme Court on Thursday during oral arguments where parties debated whether the former teen defendant was prejudiced by his counsel’s failure to present mitigating evidence about his mental illness at the time of the offense.

Justices seem uncertain about reach of Clean Water Act

November 7, 2019 | Associated Press

The United States Supreme Court seems uncertain about how to decide a closely watched case from Hawaii about the reach of landmark federal clean-water protections.

State drug czar McClelland announces retirement

November 7, 2019 | Samm Quinn and Indianapolis Business Journal Staff

The state’s first drug czar is retiring, and his deputy director will replace him. Jim McClelland, who was appointed the state’s executive director for drug prevention, treatment and enforcement in January 2017, announced his retirement Thursday.

Former bouncer found guilty of murdering bartender

November 7, 2019 | Associated Press and IL Staff

A jury in Valparaiso has convicted a man of murder for fatally stabbing a female bartender at the tavern where he worked as a bouncer.

Convicted killer’s suit alleging attack by guard proceeds

November 7, 2019 | Dave Stafford

An Indiana prison inmate’s lawsuit alleging corrections officers attacked him and then marched him naked down the range at Indiana State Prison to humiliate him may proceed in large part, a federal judge has ruled.

St. Joseph County settles mistreatment suit by ex-jail inmate

November 7, 2019 | Associated Press

A northern Indiana county has settled for $2,000 a lawsuit filed by former jail inmate who alleged he was improperly treated.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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