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Muir Woods Section One Assn., Inc., et al. v. Marion County Treasurer, et al.
18A-CC-02643
Civil collection. Affirms the Marion County Assessor, Treasurer, and Auditor’s motion for dismissal for lack of subject matter jurisdiction against Muir Woods Section One Association and Nantucket Bay Homeowners Association. Finds the Marion Superior Court lacks subject matter jurisdiction to order the Treasurer to issue refunds to the homeowners associations for overpayment of taxes.
Javier Antonio Zavala v. State of Indiana
19A-CR-00558
Criminal. Affirms Javier Zavala’s five-year sentence for conviction of Class C felony battery causing serious bodily injury. Finds the Lake Superior Court did not abuse its discretion in sentencing Zavala. Finds his sentence is not inappropriate in light of the nature of the offense and the character of the offender.
William Moore v. State of Indiana
19A-CR-00884
Criminal. Affirms William Moore’s convictions of Level 3 felony criminal confinement and Level 5 felony intimidation, finding no double jeopardy violation. Both counts could be enhanced because they separately involved the possession and the use of a deadly weapon. Also holds the Marion Superior Court did not err when it found that Moore’s unloaded, possibly broken pellet gun could be considered a deadly weapon.
In the Matter of the Guardianship of A.Y.H. (Minor Child) Yahya Hemaid (Father) v. Rosegina Wheeler and Randall Wheeler (Guardians)
19A-GU-1759
Guardianship. Affirms the denial of father Yahya Hemaid’s petition to terminate guardianship of his son. Finds the Lake Superior Court did not abuse its discretion in denying the termination petition. Also finds Hemaid waived his challenge to the trial court’s findings by failing to provide the trial court transcript. Finally, finds Hemaid waived his argument that the trial court erred by not specifying the standard of proof in its conclusions of law because he did not cite to relevant authority.
Indiana Department of Motor Vehicles, et al. v. Dezie McClung
19A-MI-00719
Miscellaneous. Reverses a Marion Circuit Court order granting Dezie McClung specialized driving privileges, holding that the order is contrary to law because such privileges may not be granted for indefinite periods. Holds trial courts may not grant petitions for specialized driving privileges without also imposing a durational limit not exceeding two-and-a-half years. Remands.
Gina Senter v. Foremost Fabricators
19A-EX-1064
Agency. Reverses the Worker’s Compensation Board of Indiana’s order granting Gina Senter permanent partial impairment benefits totaling $12,880. Finds the board improperly calculated its award to Senter based on its factual findings. Remands with instructions to the board to calculate the award consistently with its findings.
Richard W. Campbell v. Barbara W. Campbell (mem. dec.)
18A-DN-2501
Domestic relations no children. Affirms the Vanderburgh Superior Court’s division of property in Richard Campbell’s divorce from Barbara Campbell. Finds no abuse of discretion.
Ronald M. Lemon v. State of Indiana (mem. dec.)
19A-CR-1603
Criminal. Affirms Ronald Lemon’s conviction of Class A misdemeanor driving while suspended. Finds sufficient evidence to support the conviction.
In re the Termination of the Parent-Child Relationship of D.R., La.R., K.R., and Ly.R., (Minor Children) and N.R. (Father), N.R. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1124
Juvenile termination. Affirms the termination of father N.R.’s parental rights to his four sons. Finds the Orange Circuit Court did not err when it determined that termination is in the children’s best interests.
Darryl Abron v. State of Indiana (mem. dec.)
19A-MI-939
Miscellaneous. Affirms the denial of Darryl Abron’s request for immediate release. Finds he is not entitled to immediate release.
Indiana Tax Court
Charles Sheerin v. Michael Schultz, LaPorte County Assessor
19T-TA-7
Tax. Affirms the Indiana Tax Board of Review’s final determination upholding the assessment of J. Charles Sheerin’s real property for the 2015 tax year. Finds the final determination is supported by substantial evidence and is not an abuse of discretion.
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