Opinions

Indiana Tax Court
William E. Schmidt, Jr. and Danielle Schmidt v. Indiana Department of State Revenue
49T10-1306-TA-55
Tax. Reverses the Indiana Department of State Revenue’s proposes assessments. Finds William and Danielle Schmidt have rebutted the presumption of validity afforded to the department’s proposed assessments. Also finds the Schmidts are not liable for Indiana AGIT, penalties or interest during the 2009, 2010 and 2012 tax years, and they are entitled to the refund claimed.

Indiana Supreme Court
Corey McAlpin v. State of Indiana
39S01-1705-CR-342
Criminal. Affirms Corey McAlpin’s enhanced conviction of Level 4 felony dealing in methamphetamine. Finds the evidence is sufficient to support McAlpin’s enhanced conviction and the jury was in the best position to analyze the “reasonably expected” standard based on the evidence it heard at trial.

Indiana Supreme Court
Bob Leonard v. State of Indiana
02S00-1604-LW-185
Life without parole. Affirms Bob Leonard’s various convictions for knowing murder, arson and other charges and his sentence to two terms of life without parole and consecutive terms of years for conspiracy and arson. Finds there was sufficient evidence to support the murder convictions and a statutory aggravator. Also finds the Allen Superior Court did not abuse its discretion when it refused Leonard’s tendered, lesser-included jury instruction. Finally, finds Indiana’s LWOP statute is not unconstitutional.

Indiana Court of Appeals
B.T.E. v. State of Indiana
36A05-1607-JV-1702
Juvenile. Affirms the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute conspiracy to commit aggravated battery. Reverses the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute attempted aggravated battery. Finds the Jackson Superior Court did not err in denying B.T.E.’s motion to dismiss.

7th Circuit Court of Appeals
Terrance S. McKinney v. Office of the Sheriff of Whitley County
16-4131
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division.
Judge William C. Lee.
Civil. Reverses the grant of summary judgment to the Office of the Sheriff of Whitley County. Finds Terrance McKinney’s extensive evidence adds up to a strong case of race discrimination, as he presented evidence that he was treated differently than his similarly situated colleagues who are not black. Also finds McKinney presented substantial evidence that the many rationales used to fire him were baseless and pretextual. Finally, finds the district court erred by disregarding most of McKinney’s testimony, improperly discounting his testimony as “self-serving,” and misreading precedent on the “common actor” inference. Remands for trial.

Indiana Court of Appeals
Thomas W. Julian v. State of Indiana (mem. dec.)
84A01-1701-CR-103
Criminal. Affirms Thomas W. Julian’s sentence to 55 years for his convictions of two counts of child molesting as Level 1 felonies, two counts of child molesting as Class C felonies and one count of child exploitation as a Level 5 felony. Finds Julian has not carried his burden of proving his sentence is inappropriate.

7th Circuit Court of Appeals
United States of America v. Douglas D. Jackson
15-3693
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller.
Criminal. Vacates Douglas Jackson’s conviction of one count of possessing a firearm in furtherance of a crime of violence. Finds 18 U.S. Code Section 924(c)(3)(B) is unconstitutionally vague. Remands for resentencing. Also finds the district court erred in enhancing Jackson’s offense level for being a manager or supervisor to the crime. Vacates the offense level enhancement on that charge and remands for resentencing.

Indiana Court of Appeals
11438 Highway 50, LLC, successor in interest to Regions Bank, successor by merger to Union Planters Bank, N.A., successor in interest to NBD Bank, N.A. v. Timothy John Luttrell
47A01-1702-PL-354
Civil plenary. Affirms the Lawrence Circuit Court’s Default Decree and Order on Plaintiff’s Motion to Award Surplus Property in favor of Timothy Luttrell. Finds the crane and saw are not fixtures subject to the lender’s mortgage liens.

Indiana Court of Appeals
In Re the Marriage of: Brett Myers v. Lisa Myers (Phifer) (mem. dec.)
29A02-1701-DR-77
Domestic relation. Reverses the Hamilton Superior Court’s order for payment of post-secondary educational expenses and the award of attorney fees to Lisa Myers. Finds the trial court abused its discretion when calculating Brett Myers’ share of the post-secondary educational costs and when it awarded attorney’s fees to Lisa Myers. Remands for further proceedings.

Indiana Court of Appeals
Cody R. Hickman v. State of Indiana
27A02-1701-CR-59
Criminal. Affirms the Grant Superior Court’s determination that Cody R. Hickman was not entitled to accrued time against his sentence for time spent in a halfway house as part of a reentry court program and as a condition of his probation. Finds the trial court’s conclusion that Hickman was not confined or imprisoned while living at Grace House and participating in reentry court was not clearly against the facts and circumstances before it.

Indiana Court of Appeals
In the Matter of: Ale.P., Ala.P., and J.P., Children Alleged to be in Need of Services, C.R. and A.R. v. The Indiana Department of Child Services
52A02-1612-JC-2864
Juvenile CHINS. Affirms the juvenile court’s order denying foster parents C.R. and A.R.’s motion for return of Ale.P., Ala.P. and J.P. Finds C.R. and A.R. were not deprived of due process. Also finds the juvenile court’s judgment is not clearly erroneous.

Indiana Court of Appeals
Charles O'Keefe v. Top Notch Farms
93A02-1702-EX-386
Agency action. Affirms the denial of Charles O’Keefe’s claim for workers’ compensation benefits for a work-related injury. Finds that even though O’Keefe drove a semi-truck, his work was agricultural in character, so he was exempt from the Worker’s Compensation Act and could not receive workers’ compensation benefits.

7th Circuit Court of Appeals
Aaron Carson, et al., and Ronald Paulsin v. Lake County, Indiana
16-3665
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the district court’s grant of summary judgment to Lake County, Indiana, on the plaintiffs’ federal age discrimination claim. Finds there is no evidence the county engaged in unlawful age discrimination. Also finds the plaintiffs’ equal protection claim fails because the undisputed facts show the county’s action was rationally related to a legitimate state interest: preserving supplement insurance coverage for its retirees while avoiding further financial hardship.

Indiana Court of Appeals
Lamasco Redevelopment, LLC v. Henry County, Indiana, Auditor and Henry County, Indiana, Treasurer
33A01-1702-MI-398
Miscellaneous. Reverses the Henry Circuit Court’s order granting the Henry County Auditor and Henry County Treasurer’s request to invalidate Lamasco Redevelopment, LLC’s purchase of two properties at a 2015 tax sale and vacating the court’s order directing that tax deeds be issued to Lamasco for those properties. Finds the auditor’s failure to comply with Indiana Code section 32-21-8-7 did not provide a basis for the trial court to invalidate the tax sale and vacate its orders directing the issuance of tax deeds. Remands with instructions to vacate the order and reinstate the orders to the Auditor to issue tax deeds for both parcels of land to Lamasco.

The following Indiana Supreme Court opinions were posted after IL deadline Friday:
Rodney J. McGuire v. State of Indiana
09S02-1707-CR-491
Criminal. Remands Rodney McGuire’s case for resentencing. Finds Indiana Code Section 35-50-2-2(i) does not change the minimum sentence for McGuire’s Class A felony child molesting conviction from 20 to 30 years. Judge Mark Massa dissents with separate opinion.

Indiana Court of Appeals
Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M.V. and A.V. their minor children v. Cortney Demetris, M.D., et al.
49A02-1610-MI-2287
Miscellaneous. Reverses the Marion Superior Court’s grant of summary judgment on an anti-SLAPP issue in favor of Dr. Cortney Demetris. Finds the anti-SLAPP statute does not apply to reports of child abuse or neglect made to the Department of Child Services. Also finds Demetris’ report to DCS was not made “in furtherance of” her constitutional rights, as required by the anti-SLAPP statute, but rather because of her statutory duty to report child abuse or neglect. Remands the case to the trial court for consideration of the issues that were stayed.