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Friday, November 09, 2007

Ind. Decisions - Court grants five transfers this week

The formal transfer list will follow later today, but five cases have been granted transfer this week:

Nicole Huss v. David Huss (see ILB COA entry here) is a NFP COA opinion issued July 26, that concluded: "In sum, the record does not support a conclusion that the evidentiary hearing was fundamentally unfair and violated Wife’s due process rights. We therefore affirm the Adams Circuit Court’s award of custody of the parties’ three biological children to Husband."

In 600 Land, Inc. v. Metropolitan Bd. of Zoning, a March 27, 2007 COA opinion (see ILB entry here), the COA rules: "We conclude that the IZO does not allow the operation of a waste transfer station without a special exception. However, we reverse, as we also conclude that the BZA’s denial of the petition was not based on sufficient evidence."

Tonda Nichols v. Rex Minnick is an April 13, 2007 COA decision (see ILB entry here) : "The sole issue for our review is whether the trial court erred in entering judgment in favor of Minnick in Nichols’ action seeking the return of Minnick’s commission. * * * Affirmed."

Rosalio Pedraza v. State is a Sept. 24, 2007 COA opinion (see ILB entry here) re sentencing.

In Dawn McDowell v. State, an August 31, 2007 COA opinion (see ILB entry here), the COA ruled: "The court did not abuse its discretion by admitting evidence or by prohibiting the re-opening of McDowell’s case. Neither did the court abuse its discretion by giving the jury an instruction regarding intent to kill. The evidence was sufficient to support McDowell’s conviction, and the court did not err in sentencing her. For all these reasons, we affirm."

Posted by Marcia Oddi on November 9, 2007 02:01 PM
Posted to Indiana Transfer Lists