Opinions

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Schilli Leasing, Inc. v. Indiana Department of State Revenue
49T10-1306-TA-54
Tax. Affirms the Indiana Department of State Revenue’s final determination assessing Schilli Leasing, Inc. with unpaid sales and use tax liabilities for the 2008, 2009 and 2010 tax years. Finds the retail transactions giving rise to unpaid liabilities were not exempt under Indiana Code section 6-2.5-5-27.

Indiana Supreme Court
In the Matter of: John Downey Pierce
61S00-1703-DI-153
Disciplinary. Disbars John Downey Pierce for committing attorney misconduct by, among other things, mismanaging his trust account, converting client funds, disobeying a court order and failing to cooperate with the disciplinary process. Justices Mark Massa and Geoffrey Slaughter concur in the findings, dissent from the sanctions and would impose a three-year suspension without automatic reinstatement.

Michael Amos v. State of Indiana
49A04-1610-CR-2429
Criminal. Affirms the Marion Superior Court’s denial of Michael Amos’ motion to dismiss the 33 charges against him. Finds the trial court did not err in denying Amos’ motion to dismiss.

7th Circuit Court of Appeals
United States of America v. Jaime C. Lopez
16-2269
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms Jaime Lopez’s convictions of 15 counts of wire fraud, four counts of money laundering and one count of securities fraud for his participation in a fraudulent investment scheme. Finds the district court did not err in allowing Jane DeLancey to use the phrase “lulling payments” or in overruling Lopez’s objections to references to Bernie Madoff. Also finds the district court did not err in prohibiting Lopez from calling his witness an expert. Finally, finds it was harmless error for the district court to decline to allow the admission of extrinsic evidence to perfect the impeachment of a government witness. Judge Richard Posner dissents with separate opinion.

Indiana Court of Appeals
Lauren Warman v. State of Indiana (mem. dec.)
49A02-1612-CR-2762
Criminal. Affirms Lauren Warman’s conviction of battery causing bodily injury as a Class A misdemeanor. Finds the evidence is sufficient to support her conviction.

Indiana Court of Appeals
Karin Schwab v. Kyle Morrissey, et al.
49A02-1612-PL-2746
Civil plenary. Reverses the grant of summary judgment to Kyle Morrissey and Jamie Morrissey on Karin Schwab’s appeal of a small claims court judgment. Finds the Morrisseys failed to make a prima facie showing they are entitled to judgment as a matter of law, and the Marion Superior Court erred in granting them summary judgment.

Indiana Supreme Court
John Doe #1, et al. v. Indiana Department of Child Services
49S02-1609-CT-464
Civil tort. Affirms the grant of summary judgment to the Department of Child Services on a claim brought by a child abuse reporter whose name was not redacted when the report was released. Finds the statute protecting anonymity provides no private right of action. Also finds DCS’ recitation of the confidentiality statute did not create a common-law duty. Justice Steven David concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
Anthony LaRussa v. State of Indiana (mem. dec.)
49A02-1703-CR-619
Criminal. Affirms Anthony LaRussa’s sentence to 44 years for Class A felony conspiracy to commit robbery. Finds LaRussa’s sentence is not inappropriately harsh.

Indiana Court of Appeals
Amanda Dill v. State of Indiana
59A01-1610-CR-2449
Criminal. Affirms trial court denial of Amanda Dill’s motion to dismiss charges of Level 2 felony dealing in methamphetamine, Level 6 felony maintaining a common nuisance, and Class B misdemeanor possession of marijuana. While Dill was convicted of related federal charges of conspiracy to distribute methamphetamine, her state court prosecution is not double jeopardy because the facts alleged in Orange Circuit court do not constitute the same conduct for which she was prosecuted in federal court.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Dustin King v. Marion Circuit Court
16-3726
Civil. Reverses a district court ruling and $10,380 damages award in favor of Dustin King, a deaf litigant who was denied a court-appointed interpreter for a modest means mediation program in Marion Superior Court.  Finds that the denial of a court-appointed interpreter did not deny King fundamental access to the courts. Remands with an order the federal action be dismissed, though King may pursue an action in state court.

7th Circuit Court of Appeals
Caudill Seed & Warehouse Co., Inc. v. Mark D. Rose and MMR Farms LLC
16-4072
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s judgment in favor of Caudill Seed & Warehouse Co. Inc. on its supplemental collection proceeding. Finds MMR Farms LLC forfeited its defense of release by failing to raise it to the district court.

7th Circuit Court of Appeals
Wine & Canvas Development, LLC, Anthony Scott, Tamara McCracken, and Donald McCracken v. Christopher Muylle, Theodore Weisser, YN Canvas LLC d/b/a Art Uncorked, Art Uncorked, LLC and Weisser Management Group, LLC
15-2088 and 15-3658
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the verdict in favor of Christopher Muylle on Wine and Canvas Development LLC, Anthony Scott, Tamara McCracken and Donald McCracken’s trademark infringement and false designation of origin claims and on Muylle’s abuse of process counterclaim. Finds the district court did not abuse its discretion in sanctioning the plaintiff-appellants or in admitting statements Scott made to Muylle during settlement negotiations.

Indiana Tax Court
William E. Schmidt, Jr. and Danielle Schmidt v. Indiana Department of State Revenue
49T10-1306-TA-55
Tax. Reverses the Indiana Department of State Revenue’s proposes assessments. Finds William and Danielle Schmidt have rebutted the presumption of validity afforded to the department’s proposed assessments. Also finds the Schmidts are not liable for Indiana AGIT, penalties or interest during the 2009, 2010 and 2012 tax years, and they are entitled to the refund claimed.

Indiana Supreme Court
Corey McAlpin v. State of Indiana
39S01-1705-CR-342
Criminal. Affirms Corey McAlpin’s enhanced conviction of Level 4 felony dealing in methamphetamine. Finds the evidence is sufficient to support McAlpin’s enhanced conviction and the jury was in the best position to analyze the “reasonably expected” standard based on the evidence it heard at trial.

Indiana Supreme Court
Bob Leonard v. State of Indiana
02S00-1604-LW-185
Life without parole. Affirms Bob Leonard’s various convictions for knowing murder, arson and other charges and his sentence to two terms of life without parole and consecutive terms of years for conspiracy and arson. Finds there was sufficient evidence to support the murder convictions and a statutory aggravator. Also finds the Allen Superior Court did not abuse its discretion when it refused Leonard’s tendered, lesser-included jury instruction. Finally, finds Indiana’s LWOP statute is not unconstitutional.

Indiana Court of Appeals
B.T.E. v. State of Indiana
36A05-1607-JV-1702
Juvenile. Affirms the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute conspiracy to commit aggravated battery. Reverses the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute attempted aggravated battery. Finds the Jackson Superior Court did not err in denying B.T.E.’s motion to dismiss.

7th Circuit Court of Appeals
Terrance S. McKinney v. Office of the Sheriff of Whitley County
16-4131
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division.
Judge William C. Lee.
Civil. Reverses the grant of summary judgment to the Office of the Sheriff of Whitley County. Finds Terrance McKinney’s extensive evidence adds up to a strong case of race discrimination, as he presented evidence that he was treated differently than his similarly situated colleagues who are not black. Also finds McKinney presented substantial evidence that the many rationales used to fire him were baseless and pretextual. Finally, finds the district court erred by disregarding most of McKinney’s testimony, improperly discounting his testimony as “self-serving,” and misreading precedent on the “common actor” inference. Remands for trial.

Indiana Court of Appeals
Thomas W. Julian v. State of Indiana (mem. dec.)
84A01-1701-CR-103
Criminal. Affirms Thomas W. Julian’s sentence to 55 years for his convictions of two counts of child molesting as Level 1 felonies, two counts of child molesting as Class C felonies and one count of child exploitation as a Level 5 felony. Finds Julian has not carried his burden of proving his sentence is inappropriate.