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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

ADVERTISEMENT