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Indiana Court of Appeals
James Beau Burkhart v. State of Indiana
24A-CR-1237
Criminal. Affirms James “Beau” Burkhart’s murder conviction in Wayne Superior Court and his 55-year prison sentence. Finds the trial court did not abuse its discretion by excluding evidence of the father’s prior criminal charges and convictions, and Burkhart’s mitigated sentence is not inappropriate under Appellate Rule 7(B). Attorney for appellant: Cara Schaefer Wieneke. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Jennifer Anwarzai.

Indiana Court of Appeals
MIB, LLC, Ryan Polokoff, and Sabine Kissee v. City of Noblesville and The Planning and Development Director for the City of Noblesville, Indiana
24A-PL-1893
Civil plenary. Affirms Hamilton Superior Court Judge Michael Casati’s entry of a preliminary injunction ordering that MIB cease its operations at a certain location in Noblesville and enjoining the respondents from reopening the business in any zoning district in Noblesville where sex shops are prohibited unless approved through a use variance or rezoning petition. Finds that the city and planning development director have shown they have at least a reasonable likelihood of success at trial by establishing a prima facie case. Also finds that as the city and director have shown a reasonable likelihood that MIB is in violation of the city’s ordinance, pursuant to the “per se” injunctive standard, they “need not make a showing of irreparable harm or a balance of the hardship” in their favor. Attorneys for appellant: Lonnie Johnson, Justin Schwemmer, Robert Esrock. Attorneys for appellees: Vivek Hadley, Donald Morgan, Beth Copeland.