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| Abdul-Wadood v. Batchelor, No. 46A04-0608-CV-474,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: Inmate's complaint seeking relief relating to alleged prison conditions was properly dismissed pursuant to Ind. Code § 34-58-1-2 because the complaint did not state, or even suggest, that the inmate pursued any administrative remedies prior to filing his action, and it was presumed that the prison had a system for addressing prisoner grievances.
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| England v. England, No. 36A01-0608-CV-328,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: Trial court, in dividing property in a divorce case, did not err in including husband's interest in a particular piece of property; it did not assign a value to property itself, but, instead, assigned a value to his continued right to live on the property, which was a relevant economic circumstance of the parties under Ind. Code § 31-15-7-5(3).
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| Foreman v. State, No. 49A02-0606-CR-470,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: Ind. Code Ann. § 4-30-14-4, which made disclosure of confidential information relating to the lottery a class A felony, was not disproportionate under Ind. Const. art. I, § 16, in light of the need to maintain the lottery's integrity, the potential effect of the crime on citizens, and the difficulty in detecting the crime.
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| Ho v. Frye, No. 67A01-0603-CV-122,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: When defendant, a surgeon, left a sponge in a plaintiff's abdomen, plaintiffs were entitled to partial summary judgment. Res ipsa loquitur applied, and although evidence showed that a nurse had reported that sponge counts were correct, a surgeon could not escape liability by delegating to a nurse the responsibility to account for sponges.
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| Ind. State Bd. of Educ. v. Brownsburg Cmty. Sch. Corp., No. 32A01-0611-CV-494,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: A school corporation had the authority under former Ind. Code § 20-8.1-3-17.3 to decline to enroll home-schooled students on a part-time basis unless an Individualized Education Program was in effect. The "Home Rule" statutes guaranteed that the school corporation had the powers granted by statute, including those in Ind. Code § 20-8.1-3-17.3.
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| Markland v. State, No. 79A04-0612-CR-728,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: Sufficient evidence supported conviction for theft, Ind. Code § 35-43-4-2, because it was reasonable to infer from nature of victim's death, a pretrial stipulation, and survival of victim's relatives that they were victim's heirs and owners of his property when he died, and that defendant knew property he took from victim's home was not his.
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| Niemeyer v. State, No. 02A03-0609-CR-443,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: Defendant's 12-year concurrent sentences for battery and neglect of a dependent were not inappropriate given his criminal history and the potentially life-threatening injuries to the victim, his son. Defendant could have received 20 years for each offense, and the trial court was not required to find his abusive childhood to be a mitigating factor.
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| Prewitt v. State, No. 10A04-0610-CR-589,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: Trial court, in sentencing defendant following revocation of his probation, erred in ordering that he serve two years of his previously suspended sentence and that upon release he enter a state hospital as a probation condition; pursuant to Ind. Code § 35-38-2-3(g), it could only order one of those options, not two of them as the trial court did.
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| Wayne Twp. v. Ind. Dep't of Local Gov't, No. 29A05-0611-CV-661,
COURT OF APPEALS OF INDIANA, April 30, 2007, Decided , April 30, 2007, Filed
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Overview: When a township challenged the calculation of County Option Income Tax by the Department of Local Government Finance, the Tax Court had exclusive jurisdiction, given the legislative intent that it handle tax cases and the fact that under Ind. Code § 6-1.1-18.5-15(b) it would have had exclusive jurisdiction over a direct appeal from the Department.
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