Opinions Dec. 9, 2020

The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Southlake Indiana LLC v. Lake County Assessor
18T-TA-30
Tax. Affirms in part, remands in part the Indiana Board of Tax Review’s final determination valuing real property owned by Southlake Indiana LLC for 2011 through the 2014 years. Finds that Southlake’s disagreement with how the Indiana board weighed the evidence does not demonstrate that the Indiana board’s final determination is unsupported by the evidence. On remand, instructs the Indiana board to decide the issues regarding the Central Plant reimbursements and common area maintenance reimbursements and adjust its final value conclusions as necessary.

 Wednesday opinions
Indiana Supreme Court
In the Matter of Michael A. Blickman
18S-DI-553
Attorney discipline. Issues a public reprimand to attorney Michael A. Blickman. Finds Blickman violated Indiana Rules of Professional Conduct 1.1 and 8.4(d) through efforts to “silence” a child solicitation victim and her family. Also finds the Indiana Supreme Court Disciplinary Commission failed to sustain its burden of proof on the remaining charges. Justice Geoffrey Slaughter concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
M.M. v. A.C.
20A-AD-1241
Adoption. Affirms the grant of stepmother A.C.’s petition to adopt mother M.M.’s children, L.E. and I.E. Finds stepmother presented sufficient evidence to prove mother failed without justifiable cause to communicate with the children during the relevant time period. Also finds Mother’s consent was not required for Stepmother’s adoption of the children.

David Earl Hamilton v. State of Indiana
20A-PC-1220
Post conviction. Remands for a sentencing hearing to address David Hamilton’s eligibility for a credit restriction. Finds the performance of Hamilton’s trial counsel fell below professional norms when counsel failed to investigate the extent of Hamilton’s exposure to criminal punishment or develop a factual record to potentially limit that exposure.

State of Indiana v. International Business Machines Corporation
20A-PL-925
Civil plenary. Affirms the Marion Superior Court’s denial of the state’s Verified Motion to Enter Final Judgment which sought an additional award of more than $4.3 million in post-judgment interest from IBM. Notes the Indiana Supreme Court stated three times in IBM v. State, 138 N.E. 3d at 256, 257, 259 (Ind. 2019), that it affirmed the trial court on all issues. Finds a plain reading of the Supreme Court’s opinion, and the trial court’s order which was affirmed, indicates that no post-judgment interest was due IBM because its damage award was zeroed out because the company’s award was less than what was awarded to the state in the 2017 order.

Tearra Montgomery v. State of Indiana (mem. dec.)
20A-CR-946
Criminal. Affirms Tearra Montgomery’s aggregate 42 ½-year sentence for convictions of two counts of Level 1 felony neglect of a dependent causing death and Level 2 felony battery resulting in death to a person less than 14 years old. Finds Montgomery has not met her burden to demonstrate that the sentence is inappropriate in light of the nature of the offenses and her character.

Antonio R. Jones v. State of Indiana (mem. dec.)
20A-CR-771
Criminal. Affirms Antonio Jones’ conviction for murder. Finds that because Jones fired several shots and continued firing after a brief pause despite pleas from friends at the scene for him to stop, the Marion Superior Court reasonably have found Jones guilty of murder beyond a reasonable doubt.

Leroy Butler v. State of Indiana (mem. dec.)
20A-PC-658
Post conviction. Affirms the denial of Leroy Butler’s pro se petition for post-conviction relief. Finds Butler has failed to establish by a preponderance of the evidence that his trial counsel was ineffective for not filing a motion to suppress. Also finds the post-conviction court did not err when it denied Butler’s motion for summary judgment.

In re the Termination of the Parent-Child Relationship of A.D. (Minor Child) and J.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-1378
Juvenile termination of parental rights. Affirms the termination of mother J.H.’s parental rights to her minor child, A.D. Finds the Indiana Department of Child Services presented clear and convincing evidence that the conditions that resulted in A.D.’s removal or reasons for continued placement outside mother’s home will not be remedied and that continuation of the parent-child relationship poses a threat to A.D.’s well-being.

Neal M. Siegel v. Sue M. Tomion (mem. dec.)
20A-CT-173
Civil tort. Affirms the judgment of $51,500 based upon a jury verdict in Neal Siegel’s favor. Finds the award was within the range of evidence presented. Also finds the LaPorte Circuit Court did not abuse its discretion in instructing the jury.

Michael Lee Rich v. State of Indiana (mem. dec.)
20A-CR-1421
Criminal. Affirms the revocation of Michael Rich’s placement in community corrections and order that he serve the balance of his sentence in the Indiana Department of Correction. Finds the Vigo Superior Court did not abuse its discretion.