« Ind. Courts - February 2007 Bar Exam Results | Main | Law - Jan Crawford Greenburg to appear at Federalist Society event here »
Friday, May 04, 2007
Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP), and 1 ORDER
For publication opinions today (1):
William Dixson v. State of Indiana - "The eyewitness testimony was sufficient to support Dixson’s convictions, and the trial court did not commit reversible error in admitting into evidence Dixson’s statement to the police and his recorded telephone conversation with his wife. Moreover, the trial court did not err in ordering Dixson’s enhanced sentences to be served consecutively. The judgment of the trial court is affirmed."
NFP civil opinions today (2):
City of Fort Wayne v. Utility Center, Inc. (NFP) - "The City of Fort Wayne (the “City”) appeals an order from the Indiana Utility Regulatory Commission (the “IURC”) terminating an investigation of Utility Center, Inc. (“Utility Center”). The City argues that the IURC erred when it issued the order because it was not supported by findings and substantial evidence and was contrary to law. Utility Center has filed a motion to dismiss this appeal contending that the City did not file a timely notice of appeal under the appellate rules. We dismiss. * * * [T]he City has forfeited its right to appeal."
Richard "Buzz" Anderson v. Ronald Herrod, Deborah Herrod & Constance Boards (NFP) - This case involves a real estate purchase contract. "We affirm the trial court’s order as it pertains to rescission of the contract between Anderson and the Herrods and to the award of attorney fees to the Herrods. However, we reverse and remand with instructions that the trial court vacate its damage award to the Herrods and enter an order that complies with the requirements set forth in Issue I above. We further reverse and remand with instructions that the trial court vacate its award of attorney fees to Boards."
ORDERS today (1):
In the Matter of the Adoption of Infants H., Marion County Division of Children's Services v. Stephen Melinger (ORDER) - This order involves the Indianapolis Star's request for an evidentiary hearing under Administrative Rule 9 in support of its verified petition for access to judicial records. The Order, signed by Chief Judge Baker, concludes: (1) The Star's request for a hearing is denied, (2) Appellee's motion that further records be filed under seal is denied, (3) The records in this case shall continue to be excluded from public access under Rule 9(G), and (4) The Clerk is directed to post this order on the website.
[ILB comments: (a) the order is scanned, making it difficult to pull quotes from. (b) I don't at the moment understand the difference between conclusions 2 and 3.]
For background, see these ILB entries from March 22 ("The Indianapolis Star today challenged a decision by the clerk of Indiana's courts to withhold records in the appeal of an umarried New Jersey man's controversial adoption in 2005 of twins born to a paid surrogate mother."), March 23, and April 2, 2007.
NFP criminal opinions today (2):
State of Indiana v. John Franklin Bryant (NFP)
Nathaniel Deloney v. State of Indiana (NFP)
Posted by Marcia Oddi on May 4, 2007 02:21 PM
Posted to Ind. App.Ct. Decisions