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Opinions July 17, 2015

Indiana Tax Court
Richard D. Foster v. Indiana Department of State Revenue (mem. dec.)
49T10-1504-TA-17
Tax. Grants Indiana Department of State Revenue’s motion to dismiss. Foster appealed the revenue department’s seizure of his tax refunds and vehicles after he pled guilty to possession of marijuana. However, the Tax Court concluded it lacked subject matter jurisdiction since Foster had not taken his appeal from a final determination of the revenue department.

Opinions July 16, 2015 ILD

Indiana Court of Appeals
Eric Williams v. State of Indiana (mem. dec.)
49A02-1410-CR-761
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor.

Kenny Weaver v. State of Indiana (mem. dec.)
49A02-1412-CR-837
Criminal. Reverses conviction of possession of a synthetic drug look-alike substance, a Class A misdemeanor. Finds the only evidence that the substance was “spice” was a statement Weaver made to a police officer which was insufficient to prove possession.

Christopher Lee Thompson v. Natasha Nicole Smith (mem. dec.)
32A04-1412-JP-556
Juvenile paternity. Affirms trial court’s finding of Thompson’s counsel, Stacy Kelley, in contempt for willfully failing to comply with the court’s order to submit the Income Withholding Order within seven days. Also affirms order that Kelley pay Smith’s attorney’s fees incurred in securing compliance.

Christopher W. Hovis v. State of Indiana (mem. dec.)
92A03-1412-PC-418
Post conviction. Affirms denial of petition for post-conviction relief.

 

Opinions July 16, 2015

Indiana Tax Court
Indianapolis Public Transportation Corporation v. Department of Local Government Finance
49T10-1203-TA-19
Tax. Denies Department of Local Government Finance’s motion for judgment on the pleadings. Indianapolis Public Transportation Corp. (IndyGo) has standing to appeal the DLGF’s adjustment of its budget because under the facts of the case an “appeal” could not have contemplated adjustments made to the budget that are at issue in the case.

Reversal: Trial court erred in vacating agreed paternity order

A Hendricks County trial court erred by disregarding a mother and father’s agreed paternity order, the Indiana Court of Appeals ruled Thursday, sending the matter back to the trial court. The court affirmed a judgment against father to pay mother’s attorney fees.

City not liable for injury caused by pothole

The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.

Opinions July 15, 2015 ILD

Indiana Court of Appeals

Brandy L. Bennett v. State of Indiana (mem. dec.)
48A02-1412-CR-868
Criminal. Affirms revocation of Bennett’s probation and one-year sentence in the Indiana Department of Correction.

John W. Taylor, IV v. State of Indiana (mem. dec.)
20A03-1411-PC-396
Post conviction. Affirms denial of Taylor’s petition for post-conviction relief.

Daytwon Tyrone Black v. State of Indiana (mem. dec.)
27A04-1411-CR-514
Criminal. Affirms conviction of Class A misdemeanor theft.

Ariel Kennedy v. State of Indiana (mem. dec.)
49A02-1501-CR-3
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.

James D. Sowder v. State of Indiana (mem. dec.)
40A05-1409-CR-454
Criminal. Affirms 70-year aggregate sentence for Class A felony voluntary manslaughter; Class A felony burglary; Class C felony intimidation; and Class A misdemeanor carrying a handgun without a license. Vacates conviction of Class D felony criminal recklessness on double jeopardy grounds.

Jeff Griffin, d/b/a JDA Trailers v. Dennis Martin and Lisa Martin (mem. dec.)
80A02-1407-SC-495
Small claim. Reverses judgment for $1,192.62 plus $700 for attorney fees in favor of the Martins. Concludes the trial court erred when it awarded damages and attorney fees to the Martins despite their signing a sales agreement that the pickup truck was sold “as is.” Finds the evidence shows that the Martins suffered only economic loss precluding recovery under a tort theory.

 

 

Opinions July 15, 2015

Indiana Court of Appeals
Robert Seal v. State of Indiana
48A02-1410-CR-775
Criminal. Affirms convictions of two counts of Class A felony child molesting; two counts of Class B felony incest; and one count of Class B sexual misconduct with a minor. Finds police’s failure to capture the audio on the recordings of the victims’ interviews does not violate Seal’s due process rights. Rules trial court did not abuse its discretion in instructing the jury that time is not an element of the offenses. Concludes the continuous crime doctrine does not apply.

Lawyer who threatened rape fires back in discipline reply

A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.

Bungled recording does not violate constitutional rights

An Anderson man’s argument that his due process rights were violated by law enforcement’s failure to record the audio from two interviews with his daughters did not convince the Indiana Court of Appeals.

Judge considers life sentence in Indianapolis explosion case

An Indianapolis man will spend decades in prison after his conviction for a house explosion scheme that killed two neighbors, and prosecutors urged a judge Wednesday to make him eligible for life without parole at next month’s sentencing.