Opinions Aug. 27, 2021

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The following Indiana Supreme Court decision was posted after IL deadline on Thursday.

Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc. v. Marion County Assessor, Joseph P. O’Connor
21S-TA-158
On petition for review from the Indiana Tax Court. Reverses in part, summarily affirms in part, and remands to the Board of Tax Review for further proceedings. Finds Form 133 filed by Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc was a proper avenue to challenge the application of a discount to common land within the HOAs’ property. Reverses Section 2 of the Indiana Tax Court’s opinion and summarily affirms the remainder of its decision. Remands.

Friday’s opinions 

Indiana Court of Appeals

Paternity: Ryan Rankert v. Julie Danielle Storm (mem. dec.)
20A-JP-02301
Juvenile paternity. Affirms the denial of Ryan Rankert’s motion to correct error with respect to a ruling that his parenting time for child Z.S. should be suspended, finding Rankert’s appeal is untimely and waived. Also affirms the Bartholomew Circuit Court’s ruling that Father had failed to rectify the behaviors resulting in the suspension and denied his petitions for a modification of parenting time. Finds those arguments are waived for failing to be cogent and for his failure to provide citation to any authority.

Victor De Leon v. State of Indiana (mem. dec.)
21A-CR-00297
Criminal. Affirms Victor De Leon’s conviction for four Level 6 felonies: sexual battery, confinement, strangulation, and domestic battery. Finds De Leon’s waiver was not constitutionally deficient. Refuses to adopt his proposal of a standard colloquy.

Tracy Caliboso v. State of Indiana (mem. dec.)
21A-CR-00564
Criminal. Affirms the revocation of Tracy Caliboso’s previously suspended sentence of four years executed and her sentence for new offenses Level 6 felony domestic battery and Class B misdemeanor disorderly conduct. Finds the Cass Superior Court did not err in its sentencing decision.

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