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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

34A02-1009-CR-1067
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.
87A01-1004-PL-167
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

32A01-1012-PO-658
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
02A04-1101-DR-4
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
93A02-1010-EX-1324
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)
22A05-1007-CR-648
Criminal. Affirms sentence following guilty plea to Class C felony auto theft.

Paternity of B.S.C.; S.C. v. N.A.S. (NFP)
55A04-1012-JP-780
Juvenile. Affirms order on emergency hearing which denied father’s request to modify physical custody.

Robert P. Webber v. State of Indiana (NFP)
71A03-1011-CR-647
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)
20A03-1010-JT-506
Juvenile. Affirms order terminating parental rights.
 
Cory Blocker v. State of Indiana (NFP)
31A04-1010-CR-635
Criminal. Affirms conviction of Class D felony theft and revocation of probation.

Richard Bartlett v. State of Indiana (NFP)
29A04-1012-CR-813
Criminal. Affirms sanction for violating probation.

Henry Howard v. Raymond Grimes, et al. (NFP)
48A04-1010-CC-629
Civil collection. Dismisses Howard’s appeal for lack of jurisdiction.

Warrum Construction Inc., et al. v. Yellow Book Sales and Distribution Co., Inc. (NFP)
49A05-1011-CC-722
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)
45A04-1007-CR-417
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)
27A04-1011-CR-710
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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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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