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Opinions Feb. 1, 2016

The following Indiana Tax Court opinion was posted after IL deadline Friday:
DeKalb County Assessor v. Paul L. and Joan E. Chavez
49T10-1502-TA-6
Tax. Affirms the final determination by the Indiana Board of Tax Review to reclassify 2.72 acres of the Chavezes’ land from excess residential to agricultural for the 2013 tax year. The guidelines provide several factors to consider when determining whether land is woodland and is therefore devoted to an agricultural use under Indiana Code § 6-1.1-4-13(a). The Indiana Board did not act contrary to law when it analyzed these very factors to determine that the Chavezes’ 2.72 acres were devoted to an agricultural use.

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Cardiologist wins $1.58M wrongful firing judgment

An Indianapolis jury recently awarded a cardiologist fired from St. Vincent Medical Group $1.58 million after a two-week trial on his allegations of wrongful termination, breach of contract, tortious interference and other claims.

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Brief: Pence discriminating against Syrian refugees, posing security risk

Indiana Gov. Mike Pence is unlawfully discriminating against Syrian refugees based on their national origin, argues a reply brief in a federal lawsuit that also includes statements from bipartisan national security experts who say his bid to suspend their resettlement is contrary to national security interests.

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Opinions Jan. 29, 2016

Indiana Court of Appeals
Kimberly Y. Morgan v. State of Indiana
34A05-1509-CR-1323
Criminal. Affirms in part and reverses in part restitution order. The trial court properly concluded Morgan must pay restitution to Selective Insurance, but to the extent the order provides for the amount to the Visitors Commission in excess of its $250 deductible is an abuse of discretion. Remands with instructions for the court to enter a restitution order for the payment of $11,455.48 to Selective Insurance and $250 to the commission.

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Appeals court reduces woman’s restitution order

The Indiana Court of Appeals reduced a woman’s restitution owed to her ex-employer for money she stole over the course of a three-year period. The judges found no connection between additional missing funds and the defendant.

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COA dismisses credit card debt appeal

The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.

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Opinions Jan. 28, 2016

7th Circuit Court of Appeals
United States of America v. Terry Joe Smith
14-3744, 14-3721
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William Lawrence.
Criminal. Affirms two convictions of excessive force against two individuals who were in police custody. Vacates 14-month sentence followed by two years of supervised release after finding the sentence to be light in comparison to similar cases. The judge was also required to give the entire sentence orally. Remands for full resentencing.

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