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Opinions Dec. 4, 2015

The following Indiana Tax Court opinion was posted after IL deadline Thursday.
Marion County Assessor v. Gateway Arthur, Inc.
49T10-1212-TA-82
Tax. Affirms the decision by the Indiana Board of Tax Review to reduce Gateway Arthur Inc.’s real property assessment for the 2006 tax year. The board did not err in determining that the assessor rather than Gateway Arthur bore the burden of proof regarding the assessment, in determining that the assessor’s evidence lacked probative value, or in valuing the subject property at $10.5 million for the 2006 tax year.

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Erroneous jury instruction leads to DWI conviction reversal

A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.

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Erroneous jury instruction leads to DWI conviction reversal

A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.

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35-year sentence sought for former head of Jared Foundation

Federal prosecutors are asking a judge to sentence the former director of a foundation created by longtime Subway spokesman Jared Fogle to 35 years in prison followed by a lifetime of supervised release for providing homemade child pornography to his former boss.

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Opinions Dec. 3, 2015

Indiana Court of Appeals
Roger S. Blackman v. Karen A. Gholson and James W. Blackman
52A02-1412-ES-883
Estate, supervised. Affirms dismissal of Roger Blackman’s will contest action and subsequent denial of his motion to correct error. Finds the trial court erred in dismissing the suit based on lack of subject matter jurisdiction, as it did have jurisdiction over Blackman’s attempted will contest action. But it was appropriate to dismiss the action due to his failure to comply with the statutes and rules for initiating such an action. His failure to pay the filing fee for the action precludes reliance upon the Journey’s Account Statute to allow him to re-file. Denies Karen Gholson and James Blackman’s request for appellate attorney fees.

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Oscar Pistorius conviction: Explaining the law behind it

The heart of the murder case against Oscar Pistorius has relied on a section of South African criminal law known by the Latin term of dolus eventualis. The Supreme Court of Appeal decided Thursday that a lower court's reading of that was faulty and overturned its manslaughter conviction against the athlete, convicting him of murder.

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Target settles with banks over 2013 breach for $39M

Target Corp. will pay about $39 million to banks and credit unions to resolve losses from a 2013 holiday- season data breach, as retailers and financial institutions continue to grapple with the costs of major hacker attacks.

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Forget the lawyers: Here’s what will decide the Volkswagen suits

Since the day it came out that Volkswagen AG cheated diesel-emissions tests, U.S. consumers have been suing and lawyers have been wrangling over where the cases will be heard. But for the cars’ owners and Volkswagen, that fight – the centerpiece of a hearing Thursday in New Orleans –doesn’t matter so much because the legal case is actually quite simple.

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Opinions Dec. 2, 2015

Indiana Supreme Court
Christopher Schmidt v. Indiana Insurance Company, C&F Insurance Group, LLC, and Bart Stith
22S01-1507-PL-412
Civil plenary. Reverses in part the trial court's entry of summary judgment for the insurance agency and insurance agent to the extent that it may apply to the Schmidt’s claim for negligent procurement of insurance, but directs the entry of partial summary judgment for the agents as to Schmidt’s claim alleging the agents failed to accurately report dwelling fire policy information to the insurance company. The agents failed to exclude the possibility that other types of fire insurance coverage for Schmidt’s rental property could have been obtained and issued. Affirms summary judgment for Indiana Insurance Co.

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Judge wants harsher sentence for attack on ex-fiancee

The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.

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