Opinions June 20, 2012

June 20, 2012
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The following opinions were posted after IL deadline Tuesday:

Indiana Supreme Court

Tina Whiting v. State of Indiana
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
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
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
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
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
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
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)
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

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

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

Ronnie D. Inabnitt v. State of Indiana (NFP)
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)
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.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL