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Wednesday, June 20, 2012

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (2):

In Town of Zionsville, Indiana and Zionsville Plan Commission v. Hamilton County Airport Authority , a 14-page opinion, Sr. Judge Shepard writes:

The Hamilton County Airport Authority owns an airport located next door in Boone County, within the Town of Zionsville. The Authority contends that it is not subject to any Boone County zoning or to the covenants it executed to obtain airport zoning from Boone County. The trial court agreed.

The Indiana Supreme Court has held that a general unit of government maintains zoning authority within its boundaries, even as to other general governments. It has also made clear that this authority cannot be employed for abusive or unreasonable interference. Adhering to these principles, we reverse.

In Jason Michael Palilonis v. State of Indiana, a 37-page opinion, Judge Vaidik writes:
Jason Palilonis was convicted of Class B felony rape for raping a fellow Vincennes University student after a night where both had been drinking. A year after the incident, the victim, B.S., committed suicide. At trial, statements Palilonis made to the police, statements B.S. made to the nurse during her sexual-assault examination, and evidence of B.S.’s death were admitted into evidence over Palilonis’s objections. Testimony from a nurse vouching for the credibility of B.S.’s statements about the rape was also admitted, but without any objection from Palilonis. The jury found Palilonis guilty, but four days later a juror alleged juror misconduct, specifically that the foreperson told the jury the judge thought Palilonis was guilty and some of the jurors were aware that B.S. had committed suicide. Evidentiary hearings were held, and the trial court found that no misconduct occurred. This was the correct course of action for the trial court to take in this situation, and Palilonis’s argument is merely asking us to reweigh the evidence adduced at the evidentiary hearings, which we may not do.

We also hold that the trial court did not err in admitting evidence of B.S.’s death, as this was the fairest resolution for both parties of the issue of why B.S. was not testifying at trial. Finally, we find that the statements B.S. made to the nurse during her sexual-assault examination are admissible under Evidence Rule 803(4) and the reasoning in Perry v. State, 956 N.E.2d 41 (Ind. Ct. App. 2011), for the description of the events of the rape.

NFP civil opinions today (0):

NFP criminal opinions today (5):

Danny L. Weaver v. State of Indiana (NFP)

Mickey S. Owen v. State of Indiana (NFP)

Walter James Blake v. State of Indiana (NFP)

Ronnie D. Inabnitt v. State of Indiana (NFP)

Bakari Edwards v. State of Indiana (NFP)

Posted by Marcia Oddi on June 20, 2012 12:50 PM
Posted to Ind. App.Ct. Decisions