Opinions July 19, 2010

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Isaac
Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove
into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective
implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence
claim is preempted by federal regulations set forth in 49.C.F.R. part 224.

A.H.
v. State of Indiana
37A04-1002-JV-50
Juvenile. Reverses adjudication A.H. committed what would be exploitation of an endangered adult as a Class A misdemeanor
if committed by an adult. The state didn’t prove beyond a reasonable doubt that A.H. took advantage of Robert Barnhart’s
mental and physical condition in securing loans and the State failed to prove that A.H.’s control over Barnhart’s
property was unauthorized.

Remon
Duke Phillips v. State of Indiana (NFP)
02A04-0912-CR-723
Criminal. Affirms convictions of Class D felonies strangulation and domestic battery.  

Larry
H. Snyder v. State of Indiana (NFP)
02A05-1001-CR-138
Criminal. Affirms acceptance of guilty plea to Class B misdemeanor public intoxication.


Joseph Trammell v. State of Indiana (NFP)
49A05-0912-CR-708
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

James
Edward Price v. State of Indiana (NFP)
76A03-1001-CR-23
Criminal. Affirms sentence following guilty plea to Class A dealing in methamphetamine.


Term. of Parent-Child Rel. of E.L., et al.; M.B. v. I.D.C.S. (NFP)
48A04-0912-JV-717
Juvenile. Affirms involuntary termination of parental rights.

Richard
West v. State of Indiana (NFP)
49A04-0912-CR-680
Criminal. Affirms conviction of Class A misdemeanor battery.


Jeffery Rowe v. State of Indiana (NFP)
46A03-0907-CR-344
Criminal. Affirms sentence on remand of an aggregate term of 70 years for Class A felonies robbery and burglary, and finding
to be a habitual offender.


Olivia Vanbuskirk v. State of Indiana (NFP)
49A02-0912-CR-1208
Criminal. Affirms conviction of Class A felony child molesting.

Shawn
Christopher McWhorter v. State of Indiana (NFP)
73A01-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct, and Class C felony robbery.



Andy C. Pitcher d/b/a Liberty Bell v. Berkley Risk Administrators Company, LLC., et al. (NFP)
81A04-0908-CV-458
Civil. Affirms summary judgment for Berkley Risk Administrators Co. on Pitcher’s complaint alleging breach of contract.

Indiana Tax Court
Country
Acres Limited Partnership v. Pleasant Township Assessor, and LaPorte County Assessor (NFP)
71T10-0903-TA-5
Tax. Affirms the Indiana Board of Tax Review didn’t err in rejecting an Indiana certified Level II assessor-appraiser’s
use of an 11.35 percent capitalization rate. Reverses final determination of the market value-in-use of Country Acres’
complex and remands to the Indiana Board so it may instruct the appropriate assessing officials to assess the subject property
consistent with the opinion.
 

The Indiana Supreme Court denied transfer to 22 cases for the week ending July 16.