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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after The Indiana Lawyer’s deadline Thursday:
Indiana Supreme Court
Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc.
25S-MI-293
Administrative. Affirms the Monroe Circuit Court’s order vacating the Monroe County Board of Zoning Appeal’s revocation order and reinstating Bedford Recycling’s conditional use permit to build a scrap metal collection and sorting facility. Finds administrative bodies like the board have no common law or inherent authority to reconsider final orders. Also finds the board acted outside the scope of its power in revoking Bedford Recycling’s conditional use permit. Justice Christopher Goff dissents in part and concurs in the judgment with separate opinion. Attorneys for appellant: David Schilling, Justin Roddye. Attorneys for appellee: Dustin Plummer, Patrick Ziepolt.
Kimberly R. Anderson v. State of Indiana
25S-CR-294
Criminal. Dismisses Kimberly Anderson’s appeal of the Marion County Superior Court ‘s sentence of three years executed and three years probation for felony domestic battery and felony intimidation. Finds that the plea agreement prohibits challenges alleging an abuse of the trial court’s discretion.Also finds the trial court’s misstatement about Anderson’s appellate rights does not alter or affect Anderson’s plea agreement’s unambiguous meaning. Justice Christopher Goff concurs in the judgment with separate opinion. Attorneys for appellant: Suzy St. John, Talisha Griffin, Jack Pitchford (Certified Legal Intern). Attorneys for appellee: Attorney General Todd Rokita, Justin Roebel, Michelle Kazmierczak.
Friday opinions
Indiana Court of Appeals
Brady McDaniel v. State of Indiana
25A-CR-798
Criminal. Affirms the Madison Circuit Court’s denial of Brady McDaniel’s motion for a mistrial. Finds the court gave a timely admonishment to the jury to disregard the improper reference to McDaniel’s conditional driver’s license. Also finds the trial court did not abuse its discretion when it denied the motion for a mistrial. Attorney for appellant: Brandon Townsend. Attorney for appellee: Attorney General Todd Rokita, Courtney Staton
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