Opinions March 11, 2020

The following opinions were posted after IL deadline Tuesday.
7th Circuit Court of Appeals
USA v. Monique Bowling
19-2110
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Monique Bowling’s 63-month sentence for conviction of theft from a local government that received federal funds under 18 U.S.C. § 666(a)(1)(A). Finds the federal funds element was met when the parties stipulated that the City of Gary received more than $10,000 in federal benefits in a one-year period. Also finds no error in admitting testimony under Rule 404(b) and that the district court’s finding that Bowling deliberately exaggerated her mental health symptoms and remained mute to unnecessarily delay the proceedings does not need to be disturbed.

Indiana Tax Court
Universal Health Realty v. William J. Fluty, Jr., in his official capacity as Vanderburgh County Assessor
19T-TA-12
Tax. Affirms the Indiana Board of Tax Review’s final determination finding that Universal Health Realty’s real property tax liability was required to be computed using the 3% property tax cap for the 2011 through 2015 tax years. Finds Universal Health has not demonstrated that the Indiana Board’s final determination is contrary to law or constitutes an abuse of discretion.

Wednesday’s opinions
Indiana Supreme Court
Kathy Salyer v. Washington Regular Baptist Church Cemetery, and Kristy Sams
20S-PL-102
Civil plenary. Reverses in part and remands for the Ripley Circuit Court to order the Washington Regular Baptist Church Cemetery to correct a wrongful burial by removing a man’s remains from a gravesite originally purchased by Kathy Salyer that was accidentally resold to Johnson’s family. Orders the gravesite to be restored for Salyer’s use. Justices Christopher Goff and Mark Massa dissent without opinion.

Indiana Court of Appeals
Benjamen P. Chastain v. State of Indiana
19A-CR-01539
Criminal. Reverses the Orange Circuit Court’s judgments against Benjamen Chastain and remands with instructions to reduce his conviction of Class A felony child molesting to a Class B felony. Orders that Chastain be resentenced.

Shuai Li v. State of Indiana (mem. dec.)
19A-CR-1441
Criminal. Affirms in part Shuai Li’s conviction of Class D felony failure to remit taxes held in trust for failing to collect or remit taxes to the State of Indiana from Nov. 1-Dec. 31, 2013. Finds the settlement agreement did not bar the state from seeking restitution for any unpaid taxes, but that the Marion Superior Court erred by ordering Li to pay the unpaid taxes after December 31. Reverses the trial court’s restitution order and remands with instructions for the court to reduce the amount of restitution to $22,506.19 — the amount of unpaid taxes during the timeframe at issue.

In re the Termination of the Parent-Child Relationship of M.M.E. (Minor Child) and J.H. (Father); J.H. v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-2139
Juvenile termination. Reverses the termination of J.H.’s parental rights to M.M.E. Finds because Father has been convicted of sexual misconduct with Mother for impregnating his 15-year-old stepdaughter, the proceedings on remand should be expedited. Judge Elizabeth Tavitas concurs with a separate opinion.

Dionysios T. Doukas v. State of Indiana (mem. dec.)
19A-CR-2041
Criminal. Affirms Dionysios Doukas’ 22-year sentence for 13 counts of robbery and 4 counts of attempted robbery, all Level 5 felonies. Finds the Lake Superior Court did not abuse its discretion in sentencing Doukas, and Doukas’ sentence is not inappropriate.