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Opinions Sept. 20, 2011

September 20, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49S05-1102-PL-76
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.

Richard L. Barnes v. State of Indiana

82S05-1007-CR-343
Criminal. Grants rehearing and affirms original opinion that residents don’t have a common law right to resist police entering a person’s home. The castle doctrine is not a defense to battery or any violence against a police officer who is acting in his or her duties. Justice Rucker dissents.

Indiana Court of Appeals
Thomas Temple v. State of Indiana
27A05-1101-CR-31
Criminal. Affirms conviction of Class A misdemeanor contributing to the delinquency of a minor. Rejects Temple’s proposed definition of “induce,” and rejects his claims, premised upon that definition, that there was insufficient evidence and that there was a fatal variance between the charging information and the evidence adduced at trial.

State of Indiana v. Jonathon McDonald
32A05-1102-CR-56
Criminal. Reverses dismissal of charges against McDonald. The trial court erred by dismissing the charges based on the successive prosecution statute. Remands for further proceedings.

David L. McDaniel v. State of Indiana (NFP)

45A03-1102-CR-72
Criminal. Affirms sentence for Class C felony criminal recklessness.

Darnell Kelly, Jr. v. State of Indiana (NFP)
71A04-1101-CR-67
Criminal. Affirms conviction of Class C felony burglary and finding that Kelly is a habitual offender.

Richard West v. Elizabeth West (now Smith) (NFP)
22A01-1102-DR-45
Domestic relation. Affirms denial of Richard West’s petition to modify child custody and the award of $5,000 in attorney fees to Elizabeth West.

Daniel Zunica v. Zuncor, Inc., Steven A. Coppolillo, Jared Tomich, et al. (NFP)
45A04-1009-PL-700
Civil plenary. Affirms denial of motion to correct error brought by Zunica, which challenged a jury verdict finding him liable for breach of fiduciary duty in an action brought by Zuncor Inc. and shareholders.

Jon Dalton Gates v. State of Indiana (NFP)

12A02-1102-CR-160
Criminal. Affirms convictions of and sentence for Class D felony maintaining a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.

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