Opinions Dec. 7, 2020

The following Indiana Tax Court opinion was posted after IL deadline Friday:
Mathew R. DuSablon and Vanessa A. DuSablon v. Katie Kaufman, in her official capacity as the Jackson County Assessor
20T-TA-4
Tax. Affirms the Indiana Board of Tax Review’s final determination valuing Mathew and Vanessa DuSablon’s residential property for the 2018 tax year. Finds the DuSablons have not shown that their assessment of $364,300 was improper.

Monday opinions
Indiana Court of Appeals
Dennis Millikan and Vicki Millikan v. City of Noblesville and KACE, LLC
20A-PL-1061
Civil plenary. Reverses the denial of Dennis and Vicki Millikan’s motion for summary judgment regarding the Millikans’ action to quiet title in property they claimed to have adversely possessed. Finds the Hamilton Circuit Court erred in granting summary judgment in favor of the city of Noblesville. Also finds the Millikans had a reasonable and good faith belief that they were paying taxes on the disputed property. Remands for the trial court to enter summary judgment in favor of Millikans.

The Sullivan Corporation v. Rabco Enterprises LLC
20A-PL-1444
Civil plenary. Reverses the grant of Rabco Enterprises LLC’s motion to dismiss a breach lawsuit filed by The Sullivan Corporation in Hamilton Superior Court. Finds the parties’ forum-selection clause was void and unenforceable pursuant to Indiana Code § 32-28-3-17. Remands for further proceedings.

Lilian Ortiz v. Milestone Contractors (mem. dec.)
20A-SC-983
Small claims. Affirms the Marion Small Claims Court’s judgment in favor of Milestone Contractors on Lilian Ortiz’s complaint for negligence. Finds the small claims court did not clearly err when it entered judgment in favor of Milestone on Ortiz’s complaint because Ortiz failed to meet her burden to show that it was more likely than not that Milestone’s act or omission was the cause in fact of the damages she claims.

Debriel Scales v. State of Indiana (mem. dec.)
20A-CR-909
Criminal. Remands the Howard Superior Court’s order revoking Debreil Scales’ probation, finding that the length of the revocation is erroneous on its face and that it’s evident the trial court meant to revoke the balance of Scales’ previously-suspended sentence. Remands to the trial court to allow the trial court to clarify and correct its sanction for the probation violation.

Robert L. Morrison v. State of Indiana (mem. dec.)
20A-CR-102
Criminal. Affirms Robert Morrison’s convition of Class A felony child molesting and his 30-year advisory sentence for Class A felony child molesting. Finds sufficient evidence. Also finds Morrison’s sentence is not inappropriate.

David A. Howell v. State of Indiana (mem. dec.)
20A-CR-1337
Criminal. Affirms Delaware Circuit Court’s revocation of David Howell’s probation and imposition of his previously suspended sentence. Finds that Howell’s due process rights were not violated.

Bryson Small v. State of Indiana (mem. dec.)
20A-CR-1202
Criminal. Affirms Bryson Small’s aggregate 24-year aggregate sentence for convictions of Level 3 felony aggravated battery, Level 5 felony battery resulting in serious bodily injury, Level 5 felony battery resulting in bodily injury to a public safety officer and Level 6 felony resisting law enforcement. Finds the Howard Superior Court did not err in awarding him only 1,087 days of credit for time spent incarcerated prior to sentencing. Also finds no abuse of the trial court’s discretion in sentencing him.

Zachary Paul Collins v. State of Indiana (mem. dec.)
20A-CR-976
Criminal. Affirms Zachary Collins’ convictions for Level 6 felony domestic battery and Class A misdemeanor invasion of privacy. Finds there is sufficient evidence to support Collin’s Level 6 felony conviction. Also finds that the jury’s guilty verdict on a charge of Class A misdemeanor domestic battery, without more, does not constitute a “conviction” on that charge such that Collins’ double jeopardy rights would be violated. Finally, Finds Collins has not established fundamental error.