Opinions May 25, 2018

The following opinions wereposted after IL deadline Thursday:
Indiana Supreme Court
In the Matter of Fronse W. Smith, Jr.
71S00-1711-DI-707
Disciplinary. Disbars Fronse W. Smith, Jr. Finds Smith engaged in attorney misconduct by committing the crime of intimidation after he threatened to kill his estranged wife with an ax.

Indiana Tax Court
Switzerland County Assessor v. Belterra Resort Indiana, LLC
49T10-1705-TA-9
Tax. Affirms the Indiana Board of Tax Review’s finding that an independent appraiser’s valuation of the hotel connected to the Belterra Resort was not probative because it did not account for the upscale amenities available to the guests. Reverses the board’s finding that county’s appraisal valuing the Resort was probative. The EBITDA projections the county used to calculate the resort’s going concern value are not supported by substantial and reliable evidence. Reinstates the Resort property’s 2008 assessed value of $102.3 million subject to certain modifications.

Friday opinions
Indiana Court of Appeals
In Re: The Matter of the Adoption of: E.M.L., (Minor) S.L. v. K.G.
29A05-1710-AD-2250
Adoption. Reverses the grant of K.G.’s petition to adopt S.L.’s biological child, E.M.L. Finds the Hamilton Superior Court’s findings that S.L. failed to support E.M.L. and to communicate significantly with E.M.L. for at least a year when able to do so are clearly erroneous. Also finds the trial court erred in concluding S.L.’s consent to the adoption was not required.
 
James R. Eisert v. State of Indiana
69A01-1708-CR-1938
Criminal. Affirms James R. Eisert’s six-year sentence for his convictions of Level 5 felony stalking and Class A misdemeanor invasion of privacy. Finds Eisert’s sentence is not inappropriate in light of the nature of the offenses and his character.

Patricia M. Jones v. Von Hollow Association, Inc.
08A02-1709-PL-2175
Civil plenary. Affirms the conclusion that Patricia Jones was not entitled to declaratory judgment that she had a prescriptive easement over Von Hollow Associations, Inc.’s property. Reverses the conclusion that Jones committed criminal trespass, that Von Hollow is entitled to costs and attorney’s fees and the directive for Shafer and Freeman Lakes Environmental Conservation Corporation to issue joint licenses in the shorefront area. Finds the Carroll Circuit Court properly determined Jones did not acquire a prescriptive easement over the property. Finally, finds the trial court erred in the directive to issue joint licenses. Remands for further proceedings.
 
Raymond Marling v. State of Indiana (mem. dec.)
40A01-1711-PC-2620
Post-conviction. Affirms the denial of Raymond Marlin’s petition for post-conviction relief. Finds the post-conviction court did not err in denying his petition.

Kevin Derek Riley v. State of Indiana (mem. dec.)
45A05-1708-CR-1821
Criminal. Affirms Kevin Derek Riley’s murder conviction. Finds the Lake Superior Court did not abuse its discretion.

Joshua Cole Smith v. State of Indiana (mem. dec.)
18A-PC-73
Post-conviction. Affirms the denial of Joshua Smith’s petition for post-conviction relief. Finds Smith has failed to prove he is entitled to post-conviction relief.

Christopher Justice v. State of Indiana (mem. dec.)
49A02-1709-CR-2104
Criminal. Affirms Christopher Justice’s conviction of Class A felony attempted murder. Finds the evidence is sufficient to support his conviction.
 
Spencer Michael Spielman v. State of Indiana (mem. dec.)
30A05-1709-CR-2096
Criminal. Affirms Spencer Spielman’s convictions of murder and Level 5 felony robbery and his aggregate 55-year sentence, with five years suspended to probation. Finds Spielman has waived the issue of whether his confession was properly admitted for appellate review. Also finds there was sufficient evidence to support Spielman’s convictions, and his convictions do not violate double jeopardy. Finally, finds Spielman’s sentence is not inappropriate in light of the nature of the offenses and his character.

Cory Lee Woody v. State of Indiana (mem. dec.)
49A02-1710-CR-2423
Criminal. Affirms Cory Lee Woody’s convictions of murder and Level 5 felony robbery. Finds any error in the admission of testimony was not so prejudicial to the rights of Woody that a fair trial was impossible. Also finds the evidence was sufficient to support Woody’s convictions.

Micah Lminggio v. State of Indiana (mem. dec.)
79A02-1710-PC-2443
Post-conviction. Affirms the denial of Micah Lminggio’s petition for post-conviction relief. Finds the post-conviction court properly denied Lminggio’s claim of ineffective assistance of trial counsel.

In the Matter of the Termination of Parental Rights of: F.J., C.O., J.O., & M.O., (Children), and, M.O., (Mother) v. Indiana Department of Child Services (mem. dec.)
17A-JT-3036
Juvenile termination of parental rights. Affirms the termination of Me.O.’s parental rights to her children, F.J., C.O., J.O. and M.O. Finds the evidence is sufficient to support the termination of Me.O.’s parental rights.

Margarita Ruiz v. Pedro J. Tirado (mem. dec.)
45A03-1709-DR-2249
Domestic relation. Affirms the denial of Margarita Ruiz’s petition for relocation and the Lake Superior Court’s modification of custody. Finds the trial court did not err when it found Ruiz’s relocation was not in good faith or for a legitimate reason, or when it ordered Pedro J. Tirado to have temporary custody. Remands to hear further evidence in order to decide whether permanent modification of custody is in the best interests of the children.