ILNews

Opinions June 20, 2012

June 20, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinions were posted after IL deadline Tuesday:

Indiana Supreme Court

Tina Whiting v. State of Indiana
38S05-1206-CR-345
Criminal. Affirms a murder conviction and sentence, holding the trial court did not err when it empanelled a juror after denying a joint challenge for cause. The court ruled that because the defendant had not exhausted peremptory challenges and didn’t move to strike the juror, no error was preserved for review.

Indiana Tax Court
Harsukh and Parul Bosamia v. Marion County Assessor
49T10-1108-TA-53
Tax. Dismisses the Bosamias’ appeal of the Indiana Board of Tax Review’s final determination upholding the commercial real property assessments for the 2007 and 2008 tax years. The Bosamias did not timely file the certified administrative record as required by Tax Court Rule 3(E).

Wednesday’s opinions:
Indiana Supreme Court

In the Matter of: Douglas W. Patterson
82S00-1111-DI-662
Discipline. Disbars Patterson for committing three counts of Class D felony theft of client funds and for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

John Berry v. State of Indiana
49S04-1110-CR-611
Criminal. Affirms Class A felony attempted murder conviction and the trial court’s rejection of Berry’s insanity defense because there was credible expert testimony that his behavior was caused by his voluntary abuse of alcohol.

Rondell Walker v. State of Indiana
34S02-1206-CR-346
Criminal. Grants transfer and orders Walker’s sentence revised from 20 years to 12 years, citing Abbot v. State. Walker pleaded guilty to Class B felony possession of cocaine and originally was referred to drug court, but his participation in the program was terminated and the trial court sentenced him to the maximum term of 20 years. Justice Massa voted to deny transfer.

Indiana Court of Appeals
Town of Zionsville, Indiana and Zionsville Plan Commission v. Hamilton County Airport Authority
49A05-1107-PL-374
Civil plenary. Reverses judgment in favor of the airport authority and orders judgment entered for the town of Zionsville. Rejects the airport authority’s argument that it’s not obligated to seek zoning approval from Zionsville or any other entity before carrying out its duties regarding an airport it owns in Boone County.

Jason Michael Palilonis v. State of Indiana
42A05-1104-CR-197
Criminal. Affirms conviction of Class B felony rape. Finds trial court’s admittance of evidence of alleged rape victim B.S.’s death because this was the fairest resolution for both parties as to why she was not testifying at trial. The statements B.S. made to the nurse during her sexual-assault examination are admissible under Evidence Rule 803(4) and the reasoning in Perry v. State for the description of the events of the rape. The nurse’s statements that were impermissible vouching testimony should not have been admitted at trial but it did not rise to the level of fundamental error.

Danny L. Weaver v. State of Indiana (NFP)
28A01-1111-CR-582
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

Mickey S. Owen v. State of Indiana (NFP)
87A01-1111-CR-562
Criminal. Affirms sentence following guilty plea to two counts of Class D felony theft.

Walter James Blake v. State of Indiana (NFP)
29A02-1112-PC-1134
Post conviction. Affirms denial of petition for post-conviction relief.

Ronnie D. Inabnitt v. State of Indiana (NFP)
33A01-1110-CR-517
Criminal. Affirms convictions of two counts of Class A felony child molesting but revises sentence from 70 years to 35 years.

Bakari Edwards v. State of Indiana (NFP)
49A02-1111-CR-1006
Criminal. Affirms convictions of Class D felony obstruction of justice and Class A misdemeanor possession of marijuana. Reverses order Edwards serve a term of imprisonment for a Class A infraction and remands for further proceedings.

Indiana Tax Court posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  2. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  3. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  4. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  5. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

ADVERTISEMENT