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| In re Conditional Admission of Applicant No. 30810 (Hoffman), Indiana Supreme Court Cause No. 94S00-0612-BL-539,
SUPREME COURT OF INDIANA, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Because an attorney did not abide by the terms of her conditional admission, and did not respond to the Indiana Board of Law Examiners' notice and findings, pursuant to Ind. R. Admis. Bar & Disc. Att'ys 12 § 10, her license to practice law in Indiana was immediately revoked and she could not submit a new application for two years.
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| In re Spencer, Supreme Court Cause No. 02S00-0609-DI-334,
SUPREME COURT OF INDIANA, March 23, 2007, Decided , March 23, 2007, Filed
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Overview: Because an attorney violated Ind. R. Prof. Conduct 8.4(b) by committing criminal acts that reflected adversely on his trustworthiness or fitness as a lawyer, pursuant to the parties' Ind. R. Admis. Bar & Disc. Att'ys 23, § 11 agreement for discipline, the attorney's six-month suspension was stayed upon compliance with certain conditions.
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| Woods v. State, Supreme Court Cause No. 06S00-0612-SD-544,
SUPREME COURT OF INDIANA, March 26, 2007, Decided
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Overview: Petitioner was denied permission to file a successive petition for postconviction relief under Ind. R.P. Post-Conviction Remedies 1, § 12. The record did not show a possibility that petitioner was mentally retarded under Atkins or Ind. Code § 35-36-9-2 when no mental health professional had ever diagnosed him as such despite substantial testing.
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| 600 Land, Inc. v. Metro. Bd. of Zoning Appeals, No. 49A05-0604-CV-223,
COURT OF APPEALS OF INDIANA, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: Petitioner needed a special exception to use its land as a solid waste transfer station, as the station did not fit within a definition of a motor truck terminal. It was error to deny the exception, as there was no evidence that the station would produce odor or heavy truck traffic, reduce property values, or be out of harmony with the district.
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| Jones v. State, No. 49A05-0604-CR-211,
COURT OF APPEALS OF INDIANA, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: In a case in which defendant was convicted for Class D felony possession of a narcotic drug, the trial court did not err by allowing the State to amend the information one week before trial; defendant's substantial rights were not prejudiced because he had a reasonable opportunity to prepare for and defend against the charge against him.
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| Precedent Ptnrs. I, L.P. v. Hulen, No. 29A02-0607-CV-582,
COURT OF APPEALS OF INDIANA, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: A trial court erred in denying summary judgment to a developer and a property owners' association on a negligence claim where there was no evidence that they were accountable for the conduct of the pickup driver who had struck the child's bicycle on a public street and neither controlled the premises where the accident occurred.
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| Radick v. State, No. 56A05-0608-CR-428,
COURT OF APPEALS OF INDIANA, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: Although convictions of operating a vehicle while intoxicated causing death as a class C felony, Ind. Code § 9-30-5-5, and operating a vehicle with a controlled substance listed in schedule I or II as a class C misdemeanor were inconsistent, because both verdicts were supported by sufficient evidence, they were permissible.
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| Schmitt v. City of Evansville, No. 82A05-0607-CV-413,
COURT OF APPEALS OF INDIANA, March 27, 2007, Decided
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Overview: Judgment on the evidence was properly granted in favor of a city sued by a property owner alleging that the city was negligent in maintaining a sewer line because under Ind. Code § 34-13-3-3(12), city was not liable for failure to inspect the sewer line, and there was no evidence that the city had actual or constructive notice of the defect.
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| T.S. v. State, No. 49A02-0603-JV-268,
COURT OF APPEALS OF INDIANA, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: When a school police officer, acting on a tip that a juvenile defendant had marijuana in his pocket, removed defendant from class, his seizure of the student was not unreasonable under the Fourth Amendment or Ind. Const. art. I, § 11, given the reduced expectation of privacy for students and the fact that drugs jeopardized the learning environment.
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