ILNews

Opinions June 7, 2011

June 7, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael J. Gaby v. State of Indiana
79A02-1006-CR-804
Criminal. Reverses conviction of Class A felony child molesting and remands for new trial, stating the trial court erred in permitting the state to refresh the victim’s recollection by allowing her to read a previous statement she made. Holds that retrial will not violate double jeopardy grounds because sufficient evidence exists to support conviction.

Uniontown Retail #36, LLC, d/b/a The Lion's Den #36 v. Board of Commissioners of Jackson County
36A01-1008-MI-434
Miscellaneous. Affirms trial court’s order granting motion for summary judgment filed by the Board of Commissioners of Jackson County and permanently enjoining Uniontown Retail, doing business as The Lion’s Den, from operating a sexually oriented business at its current location. The Lion’s Den did not satisfy its burden of demonstrating that the ordinances are constitutionally overbroad.

Patrick Jackson v. State of Indiana (NFP)
49A02-1009-CR-1031
Criminal. Affirms conviction of Class C felony battery.

A.R. v. State of Indiana (NFP)
03A04-1012-JV-786
Juvenile. Affirms adjudication finding A.R. to be delinquent.

Term. of Parent-Child Rel. of R.L.; C.L. v. I.D.C.S. (NFP)
05A02-1012-JT-1411
Juvenile. Affirms termination of mother’s parental rights.

Edward L. Weaver v. State of Indiana (NFP)
49A02-1009-CR-954
Criminal. Affirms conviction of Class B felony burglary.

Owen Cobbum, et al. v. Town of Cromwell (NFP)
57A03-1009-PL-486
Civil plenary. Affirms trial court’s judgment in favor of the Town of Cromwell.

Joshua Garrard v. State of Indiana (NFP)
55A01-1101-CR-10
Criminal. Affirms sentence for Class D felony theft.

Jason Q. Daugherty v. State of Indiana (NFP)
69A05-1011-CR-743
Criminal. Affirms conviction of and sentence for Class B felony conspiracy to manufacture methamphetamine.

Phillip Spratt v. State of Indiana (NFP)
79A02-1006-CR-667
Criminal. Vacates conviction of Class B felony possession of cocaine. Affirms convictions of two counts of Class A felony dealing in cocaine and revises sentence to two concurrent 30-year sentences.

Indiana Tax Court had posted no opinions at IL deadline.
 

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