Opinions Oct. 30, 2017

The following Indiana Tax Court opinion was posted after IL deadline Friday:
American United Life Insurance Company v. Indiana Department of State Revenue
49T10-1610-TA-53
Tax. Affirms American United Life Insurance Company’s motion for summary judgment and denies the Indiana Department of State Revenue’s cross-motion for summary judgment on AUL’s claim for a refund. Denies the department’s motion to designate the affidavit of Ray Langenberg. Finds the motion to designate was not timely filed. Also finds Indiana Code section 6-2.5-3-5 does not exclude local-level taxes. Finally, finds AUL paid a use tax to a state other than Indiana when it paid the Texas comptroller.

Monday opinions
Indiana Court of Appeals
Kevin Henson v. State of Indiana
89A01-1705-CR-972
Criminal. Reverses Kevin Henson’s convictions for battery as a Class C felony and criminal recklessness as a Class D felony. Affirms Henson’s remaining convictions. Finds the state’s evidence establishing all of the essential elements of each count of battery against Charles Patterson II was the same and that the state presented the same evidence to prove the essential elements of battery as a Class C felony and criminal recklessness as a Class D felony. Also finds the state presented sufficient evidence to support Henson’s remaining convictions. Finally, finds Henson’s sentence to an aggregate term of nine years and 60 days, with one-and-a-half years suspended to probation, was not inappropriate in light of the nature of his offenses or his character. Remands with instructions for the trial court to vacate Henson’s reversed convictions.

Saalik M. Berberena v. State of Indiana
79A02-1705-CR-1137
Criminal. Reverses Saalik M. Berberena’s conviction for unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds the Illinois aggravated battery statute under which Berberena was convicted is broader than Indiana’s aggravated battery statute, so the two statutes are not substantially similar under Indiana Code section 35-47-4-5. 

Stanley Williams v. State of Indiana
49A04-1704-CR-672
Criminal. Affirms Stanley Williams’ conviction of failing to warn persons at risk that he is a dangerous communicable diseases carrier, a Level 6 felony. Finds the evidence is sufficient to support Williams’ conviction.

Board Of Trustees Of Purdue University, d/b/a Purdue University and Purdue Calumet; Thomas Keon, et al. v. Dr. Maurice Eisenstein
45A04-1612-PL-2728
Civil plenary. Affirms the denial of Maurice Einstein’s motion for summary judgment. Reverses the denial of Purdue University, Purdue Calumet, Thomas Keon, Saul Lerner, Miriam Joyce, Kathleen Tobin, Colin Fewer and Fahima Ali Jackson’s motion for summary judgment. Finds the Lake Superior Court erred in denying the defendant’s motion for summary judgment, but properly denied Einstein’s motion for summary judgment.

Robert A. Peterson, Jr. v. State of Indiana (mem. dec.)
16A04-1706-CR-1335
Criminal. Affirms the revocation of Robert A. Peterson, Jr.’s probation. Finds the Decatur Superior Court did not abuse its discretion in ordering Peterson to serve his entire previously-suspended six-year sentence.

Randy Glingle and Roberta Glingle v. Ryan Glingle and Julie Glingle (mem. dec.)
50A05-1704-MI-723
Miscellaneous. Affirms the grant of Ryan and Julie Glingle’s motion to enforce a settlement agreement with Randy and Roberta Glingle and impose sanctions. Finds Randy Glingle has not shown the Marshall Circuit Court erred when it denied his motion to dismiss Ryan Glingle’s motion. Also finds the trial court did not err when it imposed sanctions on Randy Glingle for violating the terms of the settlement agreement. Finally, finds the trial court did not err when it ordered Randy Glingle to pay one-half of Phil Hahn’s commission as an auctioneer.

James J. Leffler, II v. State of Indiana (mem. dec.)
84A01-1702-CR-265
Criminal. Dismisses James Leffler II’s appeal of his sentence to nine years executed in the Indiana Department of Correction for his conviction of Level 4 felony dealing in methamphetamine. Grants the state’s cross-appeal for dismissal. Finds Leffler has waived his right to appeal his sentence.

Charles A. Allen v. State of Indiana (mem. dec.)
49A04-1609-CR-2241
Criminal. Affirms Charles Allen’s convictions of Class D felony battery and Class A misdemeanor resisting law enforcement and his adjudication as a habitual offender. Finds the Marion Superior Court was entitled to accept Allen’s apparent readiness on the day of trial and did not have an obligation to sua sponte ensure he did not want standby counsel. Also finds Allen has failed to establish fundamental error in the denial of two handwritten subpoenas.

Ronald Graham v. State of Indiana (mem. dec.)
49A05-1705-CR-1028
Criminal. Affirms Ronald Graham’s convictions for Class A felony attempted robbery and Class A misdemeanor carrying a handgun without a license. Finds the state presented sufficient evidence to support Graham’s attempted robbery conviction.

Anthony Warren v. State of Indiana (mem. dec.)
49A02-1703-CR-598
Criminal. Affirms the denial of Anthony Warren’s motion for relief from judgment and motion to correct error. Finds the Marion Superior Court properly denied Warren’s motions.

April Gilbert v. Matthew Sweet (mem. dec.)
20A03-1703-JP-627
Juvenile paternity. Affirms the modification of custody to give Matthew Sweet primary physical custody of R.S. Finds the Elkhart Superior Court did not abuse its discretion in modifying custody. 

Curtis Smith v. State of Indiana (mem. dec.)
71A05-1705-CR-1062
Criminal. Affirms Curtis Smith’s conviction of criminal recklessness as a Level 6 felony. Finds the evidence is sufficient to support Smith’s conviction.