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Zionsville wins in appeal of zoning dispute with airport authority

June 20, 2012

The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.

Judges uphold college student’s rape conviction

June 20, 2012

The man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed by the Indiana Court of Appeals.

Tax Court rules couple responsible for untimely filing of record

June 20, 2012

The Indiana Tax Court found it was a couple’s inaction – not the illness and death of a relative – that caused them to miss the deadline to file the certified administrative record with the court.

Indiana Supreme Court rejects murderer’s appeal over juror

June 20, 2012

A woman sentenced to 55 years in prison for her role in a 2010 murder lost an appeal to the Indiana Supreme Court on Tuesday.

Opinions June 19, 2012 ILD

June 19, 2012

7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Indiana Tax Court and Indiana Supreme Court issued no opinions by IL deadline.

Indiana Court of Appeals
Victoria Peak v. State of Indiana (NFP)
49A02-1112-CR-1096
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Jeffrey D. Pruitt v. State of Indiana (NFP)
20A05-1110-CR-576
Criminal. Affirms conviction of Class C felony criminal recklessness.

Kunta K. Gray v. State of Indiana (NFP)
49A04-1111-PC-623
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Sean Morphett v. State of Indiana (NFP)
82A05-1110-CR-565
Criminal. Affirms sentence for Class C felony battery.

Suzanne Throgmartin v. Gregg Appliances, Inc. (NFP)
84A05-1110-MF-573
Mortgage foreclosure. Affirms trial court’s dismissal of Throgmartin’s third-party complaint against Gregg Appliances.

Kimberly S. Lakin v. State of Indiana (NFP)
91A02-1107-CR-655
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Jennifer Alao-Hamed v. Adeniran Alao-Hamed (NFP)
49A02-1110-DR-1017
Domestic relation. Affirms trial court’s grant of husband’s motion to correct error.

Michael Eward v. State of Indiana (NFP)
49A02-1110-CR-934
Criminal. Affirms convictions of one count Class A misdemeanor and one count Class C misdemeanor operating a vehicle while intoxicated.  

Shawn Lamont Alexander v. State of Indiana (NFP)
71A03-1109-CR-424
Criminal. Affirms sentences for two counts of Class A felony attempted murder and two counts of Class C felony attempted robbery.

Kenneth Watson v. P.C. Operating, LLC d/b/a Mentone Mini Mart, Paladin Global Development, Paladin Commercial LLC and Scientific Games International, Inc. (NFP)
43A04-1202-PL-55
Civil plenary. Affirms trial court’s dismissal of Watson’s complaint for lack of subject matter jurisdiction based upon collateral estoppel.

Michael Priddy v. State of Indiana (NFP)
31A01-1110-CR-455
Criminal. Affirms convictions of and sentences for eight counts of Class B felony child molesting.  

Martin A. Harriman v. Kristina A. Harriman (NFP)
41A01-1111-DR-513
Domestic relation. Reverses trial court’s determination on amount of health care costs owed to Kristina Harriman with instructions to vacate the order requiring Martin Harriman to pay or hold a hearing to determine the correct amount. Affirms in all other regards.
 

Opinions June 19, 2012

June 19, 2012

Indiana Court of Appeals
Alan Patrick McEntee v. Wells Fargo Bank, N.A.
75A03-1106-MF-277
Mortgage foreclosure. Reverses summary judgment in favor of Wells Fargo and remands to the trial court, holding that the court erred because Wells Fargo failed to establish there was no material fact that McEntee had defaulted; and that Wells Fargo failed to establish the absence of a genuine issue of material fact as to McEntee’s affirmative defense. 

Appeals court reverses mortgage foreclosure

June 19, 2012

A pro se litigant in a Starke County foreclosure case will get a new day in court after the Indiana Court of Appeals ruled Tuesday that a judge erred when he granted summary judgment in favor of the bank.

Supreme Court denies transfer to 2 cases

June 19, 2012

The Indiana Supreme Court denied transfer to two cases for the week ending June 15.

Economy and waning tax revenue put strain on courts

June 19, 2012

The Indiana University Public Policy Institute, a part of IU’s School of Public and Environmental Affairs, released an issue brief Tuesday saying that Indiana’s courts are doing more with less as a result of the nation’s economic downturn, reduced local funding and increased demand.
 

US Supreme Court asked to take robo-call case

June 19, 2012

An Indiana Supreme Court decision upholding the state’s Autodialer Law is now being challenged after a petition was filed with the nation’s highest court.

Chinn: Can of Worms Opened

June 19, 2012

This column is usually void of legal analysis. (Pause for various jokes told to yourself.) But in this edition, I want to highlight a recent legal opinion that bears upon an initiative of the IndyBar. I will raise more questions than I answer, and this likely won’t be the last time we will talk about the matter.

IBA: Lawyers Assistance Available

June 19, 2012

Attorneys and paralegals are needed to assist during the Fall 2012 Ask A Lawyer program on Tuesday, October 9.

IBA: Altice, McMath Finalists for Court of Appeals

June 19, 2012

Indianapolis Bar Association members the Hon. Robert R. Altice, Jr. of Marion Criminal Division 2 and attorney Patricia Caress McMath, were named by the Indiana Judicial Nominating Commission as finalists for the upcoming vacancy on the Court of Appeals of Indiana.

IBA: Magnus-Stinson Named Chair of Nominating Committee

June 19, 2012

The nomination period has begun for the 2013 Board of Directors of the Indianapolis Bar Association, and the Honorable Jane Magnus-Stinson of the United States District Court for the Southern District of Indiana has been appointed to chair the effort.

IndyBar BenchBar Conference 2012

June 19, 2012

The 19th Annual Gathering of the Indianapolis Bar Association Bench and Bar was held June 14-16, 2012, at the French Lick Springs Resort and Casino in French Lick, Ind.

Kudos to DTCI members

June 19, 2012

Accolades for DTCI members.

DTCI: The science of opening statements

June 19, 2012

Elliott Pinkie and Bill Kanasky write about persuasion through the use of primary and recency effects.

Disciplinary Actions – 6/22/12

June 19, 2012

See who’s been suspended and reinstated in Indiana.

Start Page: 5 tips to better manage your digital data

June 19, 2012

Kim Brand scolds you for your bloated inbox, chaotic file system and unkempt photos but offers tips to manage all that digital data.

Indiana’s new laws starting July 1, 2012

June 19, 2012

Many of the laws enacted during the 2012 legislative session take effect July 1. This list includes enrolled acts, along with newly assigned public law numbers, that have full or partial July 1 effective dates.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

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