The following opinions were posted after IL deadline Tuesday:
Indiana Supreme Court
Tina Whiting v. State of Indiana
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
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).
Indiana Supreme Court
In the Matter of: Douglas W. Patterson
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
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
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
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
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)
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.
Mickey S. Owen v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to two counts of Class D felony theft.
Walter James Blake v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Ronnie D. Inabnitt v. State of Indiana (NFP)
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)
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.