ILNews

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
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.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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