Court opinions

The following Indiana Tax Court opinion was posted after IL Daily deadline Thursday:
Lowe’s Home Centers, Inc. v. Monroe County Assessor
19T-TA-17
Tax. Affirms the Indiana Board of Tax Review’s final determinations establishing the assessed values of Lowe’s Home Centers store in Bloomington for the 2014-2017 tax years. Rejects Lowe’s contention that the Indiana Board erred in rejecting its sales comparison approach and income approach valuations and in excluding the obsolescence depreciation adjustments from its cost approach valuations.

Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.

Indiana Court of Appeals
McGraw Property Solutions, LLC v. Jason Jenkins 
20A-PL-00630
Civil plenary. Affirms the Boone Superior Court’s summary judgment in favor of Jason Jenkins against McGraw Property Solutions, concluding that Jenkins timely cancelled a storm repair contract within three days of acceptance.

The following Indiana Supreme Court opinion was posted after IL Daily deadline Monday:
K.C.G. v. State of Indiana
20S-JV-263
Juvenile. Vacates K.C.G.’s delinquency adjudication and the modification of his probation based on that adjudication in Marion Superior Court. Remands with instructions to dismiss the State’s petition, finding the juvenile court lacked jurisdiction because the offense of dangerous possession of a firearm can never be committed by an adult.

Indiana Court of Appeals

Robert James Plato, Jr. v. State of Indiana (mem. dec.)

20A-CR-475

Criminal. Affirms the Madison Circuit Court’s revocation of Robert Plato Jr.’s probation and order that he serve the four years of his previously suspended sentence. Finds the trial court did not abuse its discretion.

Indiana Court of Appeals
R.W. v. J.W.
19A-PO-02697
Protective order. Affirms the issuance of a permanent protective order against Rafer Weigel and the Porter Superior Court’s denial of his motion to dismiss the petition for an order of protection. Finds the trial court did not err by failing to transfer J.W.’s petition to Illinois and did not err by finding and concluding that sufficient evidence existed to support issuing a permanent order of protection in favor of J.W. Judge Terry Crone concurs in a separate opinion, arguing Weigel’s identity should not be hidden from the public.

Indiana Court of Appeals
Michael D. Williams v. State of Indiana
20A-CR-1209
Criminal. Reverses Michael Williams’ conviction in Wayne Superior Court of misdemeanor theft after he found and took money left at a grocery-store self-checkout station by a previous customer. Finds that Williams’ conduct does not constitute theft under the existing theft statute.

Indiana Court of Appeals
Pines of Greenwood, LLC and Arbor Homes, LLC v. The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. (mem. dec.)
20A-PL-373
Civil plenary. Affirms and reverses in part the Johnson Superior Court’s determination that The Village Pines at the Pines of Greenwood Homeowners’ Association incurred damages of more than $1 million. Finds dues are owed to the HOA, and the HOA is the party that has been damaged by Pines of Greenwood LLC and Arbor Homes LLC failing to pay assessments on unsold lots. Also finds that the trial court’s order on damages does not make clear how it arrived at the amount due and remands to either clarify how the court arrived at the amount ordered or correct the amount due for unpaid assessments. Finally, reverses the interest award and vacates the award of late fees, and remands for the trial court to recalculate interest and apply an 8% rate starting in November 2011.

Indiana Court of Appeals
John B. Larkin v. State of Indiana
19A-CR-2705
Criminal. Reverses John Larkin’s involuntary manslaughter conviction and two-year sentence. Concludes that the LaPorte Superior Court erred in instructing the jury on involuntary manslaughter. Remands with instructions to enter a judgment of acquittal and order that Larkin  be discharged.