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Tuesday, October 06, 2009

Ind. Decisions - Court of Appeals issues 3 today (and 8 NFP)

For publication opinions today (3):

In Annexation of Certain Territory to City of Muncie, Indiana v. Certain Halteman Village Section I and Brewington Woods Landowners, a 17-page opinion, Chief Judge Baker writes:

Appellant-respondent City of Muncie (Muncie) appeals the trial court's order granting the remonstrance petitions of appellee-petitioners (collectively, the Landowners) and declaring Muncie's Ordinance Numbers 11-07 and 12-07 (collectively, the Ordinances) to be invalid. Muncie argues that the trial court erred by finding that it failed to meet its statutory burden contained within Indiana Code section 36-4-3-13 and by finding that the Landowners met their burden contained within the same statute. Finding that Muncie met its burden and the Landowners failed to meet theirs, we reverse. * * *

In sum, we have found that Muncie met its statutory burden as set forth in Indiana Code section 36-4-3-13, meaning that the trial court must order the annexation to take place unless the Landowners prove that they are entitled to relief under subsection 13(e). We have also found that the Landowners failed to prove that the annexation would have a significant financial impact or that 65% of them continued to oppose the annexation; therefore, the trial court erred by granting the remonstrance petition and declaring the Ordinances to be invalid.

Term. of Parent-Child Rel. of B.M.; M.M. & D.S. v. IDCS - "Appellant-respondent M.M. (Father) appeals the involuntary termination of his parental rights as to his minor son, B.M. Specifically, Father argues that the termination order must be set aside because the trial court failed to consider placing B.M. with his sister in lieu of termination. Concluding that the trial court properly terminated Father's parental rights, we affirm."

In Douglas Wolff v. State of Indiana , an 8-page opinion, Judge Vaidik writes:

Douglas Wolff pled guilty to criminal recklessness for firing a shotgun in the direction of his victim. Wolff’s father, the victim’s employer, thereafter fired the victim. Wolff was ordered to pay restitution in the amount of $12,789.00 to the victim for his lost earnings. Wolff now appeals the restitution order. Though Wolff’s actions may have indirectly led to the victim’s termination and consequent loss of earnings, Indiana Code § 35-50-5-3(a)(4) requires a direct causal connection. Because there is no direct and immediate link, it is simply too attenuated to hold Wolff responsible in a criminal proceeding for Wolff’s father’s actions in firing the victim. We therefore reverse.
NFP civil opinions today (2):

Clyde Piggie v. Alan Finnan (NFP) - "Appellant/Plaintiff Clyde Piggie appeals from the trial court’s refusal to file his civil rights complaint, pursuant to Indiana Code section 34-58-1-2 (2008), against Appellees/Defendants Alan Finnan and sixteen others, all apparently employees and officials of the Department of Correction. Concluding that Piggie has not established that he has exhausted his administrative remedies, we affirm."

Term. of Parent-Child Rel. of R.C., et al; T.C. v. IDCS (NFP)

NFP criminal opinions today (6):

Kenneth Winston v. State of Indiana (NFP)

William Jerde v. State of Indiana (NFP)

Bradley Combs v. State of Indiana (NFP)

Philip McCollum v. State of Indiana (NFP)

Dejuan Hurt v. State of Indiana (NFP)

Derek Anthony Lawson v. State of Indiana (NFP)

Posted by Marcia Oddi on October 6, 2009 01:04 PM
Posted to Ind. App.Ct. Decisions