Opinions March 28, 2024

The following opinion was published after IL’s deadline Wednesday:
Indiana Tax Court
Brian J. Shapiro and Sarah K. Shapiro v. Hamilton County Assessor
22T-TA-6
Tax. Affirms in part the Indiana Board of Tax Review’s final determination that found Brian and Sarah Shapiro’s Indiana property was ineligible for Indiana’s homestead deduction during the 2017 through 2020 tax years. Reverses in part and finds the board’s conclusion that the terms “equivalent” in Subsection F and “substantially similar” in Subsection N are interchangeable is contrary to law. Also finds the removal of the homestead deduction from the Shapiros’ Indiana property between 2017 and 2020 is not arbitrary and capricious or contrary to law despite the board’s misinterpretation of Subsections F and N of Indiana Code § 6-1.1-12-37.

Thursday opinions
Indiana Court of Appeals
Linda E. Newman v. State of Indiana
23A-CR-2329
Criminal. Affirms Linda Newman’s conviction in Tippecanoe Superior Court for cruelty to an animal, a Class A misdemeanor. Finds the evidence is sufficient to sustain Newman’s conviction.

In the Matter of the Marriage of: Sheena Reel (Mother). v. Joshua Reel (Father) and Kids’ Voice of Indiana
23A-DC-885
Domestic relations with children. Affirms the Marion Superior Court’s determination that Joshua Reel should retain primary physical custody of his daughter and the court’s granting of the father’s request for attorney’s fees, denying Sheena Reel’s competing request. Finds no basis for reversal related to the trial court’s denial of the mother’s petition to modify custody in her favor, handling of issues related to the guardian ad litem or decision to award the father attorney’s fees under the Fee Statute.

Marcus Trevor Bartole v. State of Indiana (mem. dec.)
23A-CR-1709
Criminal. Affirms the Tippecanoe Superior Court’s order denying Marcus Bartole’s motion to reduce his bail. Finds the trial court’s decision denying Bartole’s motion for a bail reduction is not clearly against the logic and effect of the facts and circumstances before the court. Also finds the trial court did not abuse its discretion.

Tyrik Rayford v. State of Indiana (mem. dec.)
23A-CR-1386
Criminal. Affirms Tyrik Rayford’s convictions in St. Joseph Superior Court of murder and conspiracy to commit murder as a Level 1 felony, his firearm sentencing enhancement and his aggregate 75-year sentence executed in the Indiana Department of Correction. Finds Rayford’s convictions and sentencing enhancement were supported by sufficient evidence, and his sentence is not inappropriate.

Fredrick R. Dees, II v. State of Indiana (mem. dec.)
23A-CR-1605
Criminal. Affirms Fredrick Dees’ convictions in Brown Circuit Court for burglary and aggravated battery. Finds the admission of certain testimony did not constitute fundamental error, the evidence is sufficient to sustain his convictions, and the prosecutor did not commit misconduct during closing argument which resulted in fundamental error.

Kevin Penelton v. State of Indiana (mem. dec.)
23A-CR-2015
Criminal. Affirms Kevin Penelton’s convictions in Marion Superior Court, following a jury trial, for murder and level 4 felony unlawful possession of a firearm by a serious violent felon. Finds that the trial court did not abuse its discretion in rejecting Penelton’s proposed jury instruction.

Shawn James Harris v. State of Indiana (mem. dec.)
23A-CR-1940
Criminal. Affirms Shawn Harris’ conviction in Marion Superior Court conviction for Level 5 felony reckless homicide. Finds there was sufficient evidence provided by the state to rebut Harris’ claim of self-defense. 

Shakira Lee v. State of Indiana (mem. dec.)
23A-CR-1358
Criminal. Affirms the Lake Superior Court’s denial of Shakira Lee’s motion for discharge pursuant to Indiana Criminal Rule 4(C). Finds that the delays caused by the continuances sought in the pre-trial hearings of June 18, 2021 and Aug. 12, 2021 are attributable to Lee.

Carl Douglas Graf v. State of Indiana (mem. dec.)
22A-CR-2855
Criminal. Affirms Carl Graf’s conviction in Hamilton Superior Court for operating a vehicle while intoxicated endangering a person as a Class A misdemeanor. Finds Graf has waived any contention that the trial court abused its discretion when it excluded his witness for failure to make an offer of proof. Also finds any error in the trial court’s ruling that prevented Graf from using unpublished material from the exhibits in his closing argument and the jury from viewing the entirety of the videos in Exhibit 5 and Exhibit 6 was harmless.

In Re: The Termination of the Parent-Child Relationship of T.S. (Minor Child); J.S. (Father) and B.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
23A-JT-2295
Juvenile termination of parental rights. Affirms the Whitley Circuit Court’s order terminating the parent-child relationship of J.S. with his daughter, T.S. and the court’s order denying B.B.’s motion to withdraw her consent to T.S.’s adoption. Finds here is sufficient evidence to support the termination and that the trial court did not err when it denied the mother’s motion to withdraw her consent to the adoption.

Amy Hawkins v. Nathan P. Hawkins (mem. dec.)
23A-DR-1981
Domestic relations with children. Affirms the Dubois Superior Court’s order in favor of Nathan Hawkins pertaining to parenting time and child support for the parties’ minor children, A.H. and K.H. Finds that the mother has failed to demonstrate that the trial court clearly erred when it did not modify the father’s parenting time and when it entered its child support order.

Michael D. Raines v. Christian Conyers (mem. dec.)
23A-DC-1918
Domestic relations with children. Affirms the Henry Circuit Court’s granting of legal and physical custody of L.C. to Christian Conyers. Finds that Michael Raines did not identify error in the court’s decision to grant custody to the grandfather.

Jerry Lee White v. State of Indiana (mem. dec.)
23A-CR-1272
Criminal. Affirms Jerry White’s five child molesting convictions in Marion Superior Court and his aggregate 40-year sentence. Finds the state provided sufficient evidence to support White’s convictions, and the trial court did not abuse its discretion when it reissued the no contact order as to M.A.