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State Courts -
Indiana - October 11 - October 16, 2006
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Payne v. State, No. 61A01-0512-CR-562,
COURT OF APPEALS OF INDIANA, October 11, 2006, Decided , October 11, 2006, Filed
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Overview: Motion to suppress was properly denied where deputy had requisite suspicion to detain defendant after finding out bridge on fire and that defendant's whereabouts had been discussed in connection with the fire and detention, including short period in which defendant was handcuffed, did not rise to level of arrest, but was investigatory detention.
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St. Charles Tower, Inc. v. Bd. of Zoning Appeals, No. 82A01-0603-CV-128,
COURT OF APPEALS OF INDIANA, October 11, 2006, Decided , October 11, 2006, Filed
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Overview: A board of zoning appeals' denial of a special use permit to build a cellular tower was clearly erroneous. The applicant had satisfied the requirements for a permit under the zoning ordinance, and the board's findings as to adverse effect on property values and lack of harmony with a comprehensive plan were based solely on remonstrators' testimony.
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Galloway v. Galloway, No. 34A02-0602-CV-160,
COURT OF APPEALS OF INDIANA, October 16, 2006, Decided , October 16, 2006, Filed
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Overview: A court was presented with no competent evidence of the estate's only two sizable assets, the husband's business and the wife's pension. Because the husband failed to introduce evidence of the value of the assets, the husband was estopped from appealing the trial court's distribution which awarded the wife her pension and the husband his business.
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Mills v. State, No. 49A04-0512-PC-722,
COURT OF APPEALS OF INDIANA, October 16, 2006, Decided , October 16, 2006, Filed
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Overview: Denial of the inmate's petition for post-conviction relief was upheld because there was no basis for concluding that the inmate's guilty plea was unknowing, unintelligent, or involuntary. The inmate did not establish that he received erroneous advise regarding the maximum possible sentence he faced.
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