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   State Courts - Indiana - October 31, 2006

  
Christenson v. Struss, No. 46A03-0603-CV-131, COURT OF APPEALS OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Trial judge properly overruled appellant's objection and heard appellee's motion to correct error in a proceeding by appellant seeking a protective order against appellee, as Ind. R. Trial P. 63(A) did not require that a magistrate who presided over a disputed evidentiary hearing hear the motion to correct error.

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Flying J., Inc. v. City of New Haven, No. 02A03-0510-CV-492, COURT OF APPEALS OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Decision of a trial court granting summary judgment to a board of zoning appeals was reversed because the proposed uses that the owner sought to build on the land were permitted uses under the C-1 zoning ordinance or qualified as accessory uses and the owner should have been allowed to build the proposed travel center.

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George v. State, No. 49A04-0511-CR-673, COURT OF APPEALS OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Because defendant had filed a timely notice of appeal after his sentence to 20 years after a guilty plea, he was not entitled to file a belated appeal under Ind. R.P. Post-Conviction Remedies 2, § 1, but he was entitled to file a belated appeal under Ind. R. P. Post-Conviction Remedies 2, § 3 because the appeal dismissal was not defendant's fault.

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Grier v. State, No. 49A05-0512-CR-691, COURT OF APPEALS OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Denial of motion to suppress evidence seized from a baggie that defendant had put in his mouth was affirmed because the minimal use of force used by an officer to keep defendant from swallowing the baggie did not violate defendant's rights under the Fourth Amendment or Ind. Const. art. 1, § 11. The conduct did not violate Ind. Const. art. 1, § 15.

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In re Drook, Case No. 27S00-0503-DI-71, SUPREME COURT OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Because attorney violated Ind. R. Prof. Conduct 8.4 and 3.3 by signing names of others to pleadings and other legal documents and filing such documents with various courts, attorney was suspended for not less than 60 days with requirement that the attorney petition the court for reinstatement pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23.

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In re Haughee, Case No. 45S00-0512-DI-649, SUPREME COURT OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Because more than six months had passed since an attorney was suspended due to his noncooperation with the disciplinary process, his suspension was converted to an indefinite suspension from the practice of law pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23(10)(f)(4).

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In re Haughee, Case No. 45S00-0511-DI-508, SUPREME COURT OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Because more than six months had passed since an attorney was suspended due to his noncooperation with the disciplinary process, his suspension was converted to an indefinite suspension from the practice of law pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23(10)(f)(4).

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In re Haughee, Case No. 45S00-0508-DI-373, SUPREME COURT OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: When over six months had passed since an attorney had been suspended because of his noncooperation with the disciplinary process, the court, based on the passage of time and the attorney's continued lack of cooperation, converted his suspension to an indefinite one under Ind. R. Admis. Bar & Disc. Att'ys 23(10)(f)(4).

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In re Kilburn, Case No. 72S00-0609-DI-330, SUPREME COURT OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Natare Corp. v. D.S.I. Duraplastec Sys., No. 49S05-0512-CV-637, SUPREME COURT OF INDIANA, October 31, 2006, Decided , October 31, 2006, Filed
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Overview: Trial court properly upheld the portion of an arbitration award which determined that plaintiff was not entitled to attorney's fees, because the facts and circumstances of the arbitration clearly pointed to the arbitrator having exercised his responsibility to consider whether the award of any attorney fees was reasonable.

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