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Opinions May 16, 2011

May 16, 2011

Indiana Supreme Court had posted no opinion at IL deadline

Indiana Court of Appeals
The William C. Haak Trust v. William J. Wilusz and Judith A. Wilusz, Benjamin Luna
64A04-1008-PL-567
Civil plenary. Affirms judgment in favor of Luna on the trust’s quiet title action seeking an easement of necessity and reverses the judgment in favor of the Wiluszes. The trust has a right to an easement of necessity across the Wiluszes’ parcel, but not over Luna’s land. Remands with instructions to enter judgment in favor of the trust and take evidence sufficient to allow it to locate the easement of necessity across the Wiluszes’ land.

Dante A. Webb v. State of Indiana (NFP)
45A04-1007-PC-459
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph J. Pajot v. Maryann A. Pajot (NFP)
71A03-1006-DR-394
Domestic relation. Affirms equal division of an account comprised of Joseph Pajot’s inheritance from his parents. Reverses order Joseph reimburse Maryann Pajot $2,920 for medical expenses. Remands for correction of that amount.

Patricia A. Tackett v. State of Indiana (NFP)
18A02-1008-CR-1053
Criminal. Reverses convictions of Class B felony rape, Class B felony sexual misconduct with a minor, and Class D felony child solicitation.

Eugene Bowers v. State of Indiana (NFP)
49A04-1003-PC-274
Post conviction. Affirms denial of petition for post-conviction relief.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. On rehearing, affirms original opinion in all respects except the remand for the trial court to hold a hearing because the charges against LeFlore have been dismissed.

Jennifer Lukens v. Chad A. Baxter (NFP)
25A03-1009-DR-449
Domestic relation. Affirms denial of Lukens’ petition for citation of indirect contempt of court.

Josh Coffey v. State of Indiana (NFP)
55A01-1005-CR-275
Criminal. Affirms denial of motion to correct erroneous sentence.

Robyn N. Hogan v. State of Indiana (NFP)
45A03-1006-CR-309
Criminal. Affirms sentence following guilty plea to three counts of Class B felony dealing in cocaine.

Latonya Plummer v. State of Indiana (NFP)
49A02-1010-CR-1077
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Town of Clarksville v. Shirley Makowsky and Indiana Fraternal Order of Police Labor Council, Inc. (NFP)
10A04-1008-PL-531
Civil plenary. Affirms declaratory judgment in favor of Makowsky and the Indiana Fraternal Order of Police Labor Council.

Cindy Lee Bell v. State of Indiana (NFP)
71A05-1010-CR-692
Criminal. Affirms conviction of Class D felony possession of cocaine.

Stephen M. Park and Shirley Park v. William F. Eckhart (NFP)
49A04-1011-CT-734
Civil tort. Reverses summary judgment in favor of Eckhart on the Parks’ complaint alleging negligence. Remands for further proceedings.

Indiana Tax Court
Lyle Lacey v. Indiana Dept. of State Revenue
49T10-0906-TA-25
Tax. Affirms Department of State Revenue’s final determination that Lacey owed Indiana adjusted gross income tax for the 2007 tax year. Lacey has not shown that the compensation he received in 2007 as a result of his employment with Adecco is not income within the meaning of the 16th Amendment or Internal Revenue Code and his employment compensation is income subject to Indiana’s adjusted income tax.






 

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