Opinions

Indiana Tax Court
Hamilton Square Investment, LLC. v. Hamilton County Assessor
49T10-1505-TA-00018
Tax. Reverses the final determination of the Indiana Board of Tax Review. Remands to the Indiana Board of Tax Review to instruct the appropriate officials to take action. Finds that Hamilton Square Investment LLC was correct in its claim that the board erred in upholding the classification of its real property and the allocation of its tax cap credits for the 2012 tax year.

Indiana Supreme Court
Robert Lewis, III v. State of Indiana
45S00-1601-LW-32
Life without parole. Resentences Robert Lewis to a total of 88 years’ imprisonment for his convictions of murder, criminal deviate conduct as a Class B felony and resisting law enforcement as a Class D felony. Remands to the trial court for the imposition of the sentences.

7th Circuit Court of Appeals
Exodus Refugee Immigration, Inc. v. Michael R. Pence, in his official capacity as Governor of Indiana, et al.
16-1509
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms preliminary injunction barring Gov. Mike Pence from ordering federal money to assist the resettlement of Syrian refugees be withheld because of potential terror threats. The district judge was correct in granting the injunction because Exodus is likely to prevail in a trial on the merits.

Indiana Court of Appeals
Robert Kadrovach v. State of Indiana
49A02-1510-CR-1738
Criminal. Affirms conviction of Class A felony attempted murder for a hotdog vendor who stabbed a man in the head in downtown Indianapolis. The court did not commit fundamental error when it instructed the jury as to the mens rea necessary to convict him of attempted murder.

Indiana Court of Appeals
Jakob Robinson v. State of Indiana
79A02-1603-CR-522
Criminal. Affirms eight year sentence, with five years in the Department of Correction and three suspended to probation, following Robinson’s guilty plea to five counts of child seduction as Level 5 felonies. His sentence is not inappropriate given his manipulation of his victim, a student at the school where he taught and coached, and his abuse of his position of trust over her.

Indiana Court of Appeals
Susan E. Sturdivant v. State of Indiana
08A02-1601-CR-186
Criminal. Affirms trial court’s decision to allow Susan Sturdivant to conduct her own defense. Finds that there was no evidence that Sturdivant was suffering from severe mental illness.

Indiana Court of Appeals
Dale Sedam, Kim Sedam, and Bryan Norris, as co-personal representatives of the Estate of David C. Hamblin, deceased v. 2JR Pizza Enterprises, LLC doing business as Pizza Hut #013413, et al.
39A05-1602-CT-296
Civil tort. Reverses partial summary judgment in favor of Pizza Hut after its employee, Amanda Parker, was involved in a car accident that killed David C. Hamblin while she was acting within the scope of her employment. Finds that an employer’s admission that its employee committed the alleged negligent act within the scope of her employment does not preclude an action for negligent hiring, training, supervision and retention. Remands for further proceedings.

Indiana Court of Appeals
Jon A. Arnold v. State of Indiana
88A01-1603-PC-677
Post conviction. Affirms trial court’s decision to deny Jon A. Arnold’s petition for post-conviction relief. Arnold has not established that a defense overlooked by trial counsel would have likely changed the outcome of the proceeding.

Indiana Court of Appeals
In Re: The Adoption of: J.S.S. and K.N.S., Rayburn and Beth Robinson v. M.R.S.
02A04-1603-AD-545
Adoption. Affirms trial court’s decision to deny B.R. and R.R.’s motion to correct error after the trial court found that they had not established clear and convincing evidence necessary to dispense with parental consent. B.R. and R.R., foster parents, had petitioned to adopt J.S.S. and K.N.S. without the consent of their father, M.S.

Indiana Court of Appeals
Darwick Young v. State of Indiana (mem. dec.)
49A02-1602-CR-216
Criminal. Affirms Darwick Young’s conviction for Level 2 felony dealing in cocaine, Class A misdemeanor carrying a handgun without a license, Level 6 felony maintaining a common nuisance and Class B misdemeanor possession of marijuana. Remands with instructions to vacate Young’s Level 3 felony possession of cocaine conviction and to revise his sentence.

Indiana Court of Appeals
Andre C. Coleman v. State of Indiana
49A02-1511-CR-1999
Criminal. Vacates imposition of supplemental public defender and probation fees against Andre Coleman. Remands for further proceedings.

Indiana Court of Appeals
Christina Schermerhorn v. State of Indiana
49A02-1510-CR-1643
Criminal. Affirms Christina Schermerhorn’s convictions of criminal recklessness, a Class A misdemeanor, and domestic battery, a Class A misdemeanor.

Indiana Court of Appeals
Bradley Starr by Next Friend Heather Starr-Haller and Heather Starr-Haller v. State Farm Automobile Insurance Company and the Indiana Bureau of Motor Vehicles
32A05-1605-PL-976
Civil plenary. Affirms summary judgment for State Farm on Starr-Haller’s complaint seeking coverage for an auto accident. State Farm did not waive its right to deny Starr-Haller the coverage she now claims for an accident that occurred after her coverage had lapsed.

Indiana Court of Appeals
Mindy M. Cline v. State of Indiana
38A04-1512-XP-2221
Expungement petition. Reverses and remands denial of Mindy Cline’s petition for expungement, finding trial court abused its discretion in denying her petition. Judge Michael Barnes dissents with separate opinion.

Indiana Court of Appeals
Meridian Health Services Corporation v. Thomas Martin Bell
71A04-1511-DR-2005
Domestic relation. Affirms trial court’s order finding Meridian Health Services Corporation in contempt of court for failure to comply with a subpoena duces tecum and appear at a deposition and awarding attorney fees as a sanction. The trial court did not abuse its discretion in holding Meridian in contempt.

7th Circuit Court of Appeals
William Hinesley, III v. Wendy Knight, superintendent, Correctional Industrial Facility
15-2122
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Jane E. Magnus?Stinson, Judge.
Civil. Affirms district court’s decision to deny William Hinesley’s petition for writ of habeas corpus. Finds that Hinesley’s counsel was not ineffective in a prejudicial manner.

Indiana Court of Appeals
Marc Lindsey v. State of Indiana (mem. dec.)
20A03-1508-CR-1086
Criminal. Affirms Marc Lindsey’s conviction of Class D felony operating a vehicle while intoxicated.

Indiana Court of Appeals
Julie R. Waterfield v. Richard D. Waterfield
92A03-1511-PL-1968
Civil plenary. Affirms trial court’s order denying Julie R. Waterford’s request to set aside her divorce decree entered in 1997 based on the allegation of fraud committed by Richard D. Waterfield while negotiating a settlement leading to the dissolution of the marriage. Finds that Julie Waterfield failed to establish that Richard Waterfield committed fraud. Finds that Richard Waterfield is entitled to an award of attorney fees.

Indiana Court of Appeals
Thomas A. Carpenter, et al. v. The Cincinnati Specialty Underwriters Insurance Company
33A01-1602-CT-265
Civil tort. Affirms summary judgment and declaratory judgment in favor of Cincinnati Specialty. It had no obligation to make payments under a consent judgment in which Carpenter and Cincinnati’s insured, Lovell’s Lounge, agreed Carpenter’s injuries were caused by Lovell’s Lounge’s negligence or that Lovell’s was vicariously liable for injuries Carpenter sustained when he was punched in the jaw by patron Jerry Dean Johnson. Finds the consent judgment was obtained by bad faith or collusion, collateral estoppel does not apply, and CSU is not bound by the consent judgment.