Opinions June 13, 2011

June 13, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Antwon Abbott v. State of Indiana

Criminal. Affirms convictions of and sentence for Class B felony possession of cocaine and Class A misdemeanor possession of marijuana. The trial court did not abuse its discretion in admitting into evidence the cocaine and marijuana found during the search of Abbott’s person. His argument fails that the statute that elevated his possession crime to a Class B felony is unconstitutionally vague as applied to him.

The City of Boonville v. American Cold Storage, et al.
Civil plenary. Reverses trial court holding that tax-exempt parcels shouldn’t be counted in determining the total number of landowners in the annexed territory. The clear language of Indiana Code 36-4-3-11(a)(1) indicates the Legislature’s intent that all property – whether taxable or tax exempt – should be counted in determining standing. The trial court erred in determining the landowners have standing to bring a declaratory judgment action. Remands for that action to be dismissed. Affirms that adjacent landowners do not have standing to join in the remonstrance under the 65 percent rule.

Khawar Muneer v. Shazi Muneer

Protective order. Affirms denial of Khawar Muneer’s motion to transfer venue. Shazi Muneer filed her petition in the county of her residence, in compliance with Indiana Code 34-26-5-4(b).

Jane D. Connolly v. Michael P. Connolly
Domestic relation. Affirms judgment in favor of Michael Connolly that Jane Connolly isn’t entitled to an equalization payment based on his ownership interest in commercial real estate. The only circumstances in which he would owe an equalization payment would be if the total value of his interest in Bantry Bay had increased. Affirms order that Jane pay a portion of Michael’s attorney fees.  

Yvette Albright v. Four Winds International
Agency action. Reverses decision of the full Worker’s Compensation Board that Four Winds isn’t responsible for providing prescription Cymbalta to Albright. The evidence shows Albright suffers from paresthesias and Cymbalta helps treat the pain that arises from the condition. Remands for the board to enter an award in favor of Albright, directing Four Winds to provide her with Cymbalta or an equivalent medication to treat her paresthesias and determine how long the company should be required to provide such medication.

Kyle D. Rosenfield v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class C felony auto theft.

Paternity of B.S.C.; S.C. v. N.A.S. (NFP)
Juvenile. Affirms order on emergency hearing which denied father’s request to modify physical custody.

Robert P. Webber v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony conspiracy to commit burglary.

Term. of Parent-Child Rel. of D.D.; S.D. v. I.D.C.S. (NFP)
Juvenile. Affirms order terminating parental rights.
Cory Blocker v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft and revocation of probation.

Richard Bartlett v. State of Indiana (NFP)
Criminal. Affirms sanction for violating probation.

Henry Howard v. Raymond Grimes, et al. (NFP)
Civil collection. Dismisses Howard’s appeal for lack of jurisdiction.

Warrum Construction Inc., et al. v. Yellow Book Sales and Distribution Co., Inc. (NFP)
Civil collection. Affirms summary judgment for Yellow Book in its complaint seeking payment from Warrum Construction of the balance owed under contracts for advertising.

Alfred M. Wiley v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine and Class C felony carrying a handgun without a license.

Vaughn Highley v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony criminal confinement and Class C felony battery resulting in serious bodily injury.
Indiana Tax Court had posted no opinions at IL deadline.

Indiana Supreme Court granted one transfer for the week ended June 10.


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