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Friday, April 30, 2010

Ind. Decisions - Court of Appeals issues 4 today (and 4 NFP)

For publication opinions today (4):

In Joyce Bellows, Edgar Bellows, Barbara Stutsman, and Wayne Stutsman v. Board of Commissioners of the County of Elkhart, et al. , a 28-page opinion by Judge Najam, the ruling sets out the entire complaint of the plaintiffs, and the entire order of the trial court. At issue was a rezoning ordinance for a recycling facility. The opinion concludes:

In sum, we affirm the trial court's dismissal of the Bellowses' and Stutsmans' complaint. Count I of the complaint fails to state a claim upon which relief can be granted. The trial court lacks subject matter jurisdiction to grant the judicial review requested in Count II of the complaint. And the Bellowses and Stutsmans lack standing to pursue their claim for declaratory relief in Count III of the complaint. Accordingly, the trial court properly granted the Board's and the Plan Commission's motions to dismiss.
J.J. v. State of Indiana - "J.J., quite simply, has made too many bad choices—whatever the source of those choices may be—and has left the juvenile justice system with no alternative but to order that he be committed to the DOC. Treatments for his mental health problems and substance abuse issues will be available to J.J. through the DOC. Under these circumstances, we cannot say that the juvenile court erred in ordering that J.J. be committed to the DOC for placement with the Indiana Boy’s School."

Jack Edwin Suprenant, Jr. v. State of Indiana - "In sum, we do not find that the nature of the offense or the character of the offender renders a sentence of five years more than the advisory sentence inappropriate."

Curtis Drue McGaha v. State of Indiana - "Curtis Drue McGaha (“McGaha”) appeals his conviction and sentence for Murder, a felony. We affirm."

NFP civil opinions today (1):

Daniel Wise v. Dina Deter-Wise (NFP) - "Appellant-respondent Daniel Wise (Father) appeals the trial court’s order directing him to pay 40.6% of his oldest daughter’s college expenses pursuant to appellee-petitioner Dina Deter-Wise’s (Mother) petition to modify support. Specifically, Father argues that the trial court abused its discretion in ordering him to pay that amount because the evidence established that he could not afford such a payment and he had no “assets that could be used to finance his portion of the college expenses.” Finding no error, we affirm the judgment of the trial court."

NFP criminal opinions today (3):

Mitchell W. Tickle v. State of Indiana (NFP)

Manuel Hopson v. State of Indiana (NFP)

Damon Sinkovics v. State of Indiana (NFP)

Posted by Marcia Oddi on April 30, 2010 10:48 AM
Posted to Ind. App.Ct. Decisions