Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now7th Circuit Court of Appeals
USA v. Adrian Grisanti
19-1576, 18-2993
Appeals from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Adrian Grisanti’s 10-year sentence for conviction of child-pornography offenses, as well as the denial of his motion to suppress evidence. Finds Grisanti’s reasons for reconsidering Kienast are not persuasive. Also, his sentence was not unreasonable, and the district court did not make any procedural error.
Indiana Court of Appeals
Patricia J. Smith v. Christopher M. Smith
18A-DN-2273
Domestic relations, no children. Affirms and reverses in part the dissolution order dividing the marital estate of Patricia and Christopher Smith. Finds the Tipton Circuit Court did not abuse its discretion in denying Patricia’s Feb. 7, 2018, motion to continue the final hearing. Also finds the trial court properly found that Christopher rebutted the presumption of an unequal distribution of the estate, and that Patricia has not met her burden of proving an abuse of discretion. Finally, finds the trial court did not abuse its discretion in assigning net carryover losses to Christopher to offset future tax liabilities. Remands to the trial court with instructions to include the value of a Ford Raptor vehicle in the marital estate and to distribute it between the parties.
Indiana Bureau of Motor Vehicles v. Gregory Schneider
19A-MI-00107
Miscellaneous. Reverses a Vigo Superior Court order directing the Indiana Bureau of Motor Vehicles to issue a salvage title to Gregory Schneider for a truck he purchased at a salvage auction. Finds the trial court’s order was contrary to law because the vehicle had been branded “crushed” by another the state of Louisiana.
Kip Bergman, et al. v. Big Cicero Creek Joint Drainage Board
19A-MI-01486
Miscellaneous. Affirms the Tipton Circuit Court’s decision in favor of the Big Cicero Creek Joint Drainage Board’s decision regarding a reconstruction project. Finds Kip Bergman, Scot Gasho, Jane Harper, Philip Overdorf, Brent Snow and George Tebbe’s concerns about the use of 75% of the maintenance fund are unwarranted. Finds, among other things, that the trial court did not err when it found nothing in the drainage law prohibits the board from funding the reconstruction project through a loan to be repaid out of a reconstruction fund made up of excess funds transferred from the maintenance fund.
Teresa Lorraine Sowski v. Bryan A. Mills and Tim M. Hobbs (mem. dec.)
19A-CT-940
Civil tort. Affirms the grant of summary judgment to Bryan Mills and Tim Hobbs on Teresa Sowski’s medical malpractice claim against them. Finds the Marion Superior Court did not err in granting summary judgment. Finds Mills and Hobbs negated the element of duty in Sowski’s medical malpractice claim. Also finds Sowski failed to show that there was a genuine issue of material fact.
In the Matter of the Termination of the Parent-Child Relationship of: E.S. (Minor Child) and H.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1063
Juvenile termination. Affirms the termiantion of H.S.’ parental rights to her minor child, E.S. Finds the termination is not clearly erroneous.
Larry Hehe v. State of Indiana (mem. dec.)
19A-CR-591
Criminal. Affirms Larry Hehe’s conviction of Level 3 felony dealing in methamphetamine. Finds that although the Lawrence Superior Court abused its discretion in admitting inadmissible hearsay, such error was harmless in light of the other evidence presented.
Elberta N. Jackson v. State of Indiana (mem. dec.)
19A-CR-1325
Criminal. Affirms Elberta Jackson’s aggregate four-year sentence for conviction of Level 5 felony battery, Level 6 felony battery and Class A misdemeanor resisting law enforcement. Finds the sentence is not inappropriate in light of the nature of the offense or her character.
Indiana Tax Court
St. Mary’s Building Corporation v. Sarah E. Redman, Warrick County Assessor
18T-TA-13
Tax. Affirms the Indiana Board of Tax Review’s denial of Saint Mary’s Building Corporation’s request for property tax exemption for the 2014 and 2015 tax years. Finds no evidence that building corporation demonstrates how, through its use, the Epworth Crossing medical building relieves human want through charitable acts different from the everyday purposes and relieves the government of a cost that it would otherwise bear.
Please enable JavaScript to view this content.