Court opinions

The following Indiana Tax Court opinion was posted after IL deadline Wednesday:

Grant County Assessor v. Randy & Sara Ballinger
19T-TA-19
Tax. Affirms the Indiana Board of Tax Review’s final determination that reduced the assessment of Randy and Sara Ballinger’s golf course land for the 2018 tax year. Finds that the Ballingers’ evidence best reflected the market value-in-use of their Walnut Creek golf course land. Thus, finds no basis for reversing the Indiana Board’s conclusion.

Indiana Court of Appeals
Gilley’s Antique Mall, et al. v. Doug Sarver  
20A-EX-00396
Agency. Reverses the Indiana Worker’s Compensation Board’s ruling that Gilley’s Antique Mall and co-owner Jeff Hines were secondarily responsible for Doug Sarver’s injuries sustained during a construction accident. Concludes that the Board’s decision to add Gilley’s and Hines as defendants outside the two-year statute of limitations period was erroneous and contrary to the Indiana Worker’s Compensation Act.

The following Indiana Supreme Court opinion was posted after IL deadline on Monday:
Brian W. Kinman v. State of Indiana
20S-CR-569
Criminal. Grants transfer to Brian Kinman’s petition and summarily affirms the portion of the Indiana Court of Appeals opinion finding that Kinman’s oral motion to withdraw his guilty plea was procedurally defective. Finds the Fayette Circuit Court did not abuse its discretion in denying Kinman’s motion. However, also finds the trial court failed to include in its summary order any findings or conclusions on the issues Kinman raised in his de facto petition for post-conviction relief. Remands for entry of a revised order that complies with Indiana’s Post-Conviction Rules, including Rule 1(6).

Indiana Court of Appeals
M.A. v. Review Board of the Indiana Department of Workforce Development
20A-EX-160
Agency. Affirms the decision of the review board of the Indiana Department of Workforce Development affirming the decision of an administrative law judge that M.A. had insufficient wage credits to meet the statutory requirements to establish a claim for unemployment benefits. Finds the board did not err when it affirmed the ALJ’s decision denying M.A. unemployment benefits.

Indiana Court of Appeals
In the Matter of the Supervised Estate of Donald L. Moster, Sr., Deceased; Lisa Voltz, Successor Personal Representative, and Donald L. Moster, Jr. v. Rose M. Deschand (mem. dec.)
20A-ES-938
Estate. Affirms on interlocutory appeal the Hamilton Superior Court order denying Lisa Voltz’s and Donald L. Moster Jr.’s motion to void the marriage between Donald L. Moster Sr. and Rose M. Deschand. The trial court found insufficient evidence of a lack mental of physical and mental capacity for Donald Sr., and the trial court did not err in denying the motion.

Indiana Court of Appeals
Joel Barrozo v. State of Indiana
19A-CR-2037
Criminal. Vacates one of Joel Barrozo’s reckless driving convictions due to double jeopardy grounds. Remands to St. Joseph Superior Court with instructions to vacate one of those convictions and to resentence accordingly. However, affirms his remaining convictions for three counts of Level 5 felony reckless homicide, Class A misdemeanor reckless driving, and one count of Class A misdemeanor leaving the scene of an accident.

Indiana Court of Appeals
Bryan L. Flowers v. State of Indiana
19A-CR-322
Criminal. Affirms Bryan Flowers’ aggregate 85-year sentence for conviction of murder. Finds the Allen Superior Court did not abuse its discretion and that the sentence is not inappropriate based on the nature of the offense and Flowers’ character.

7^th Circuit Court of Appeals
Bruce Webster v. T. Watson
19-2683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s decision vacating Bruce Webster’s death sentence based on a finding that he is intellectually disabled. Finds the district court’s findings contain no clear error.