INDIANA SUPREME COURT
State of Indiana ex rel. Crain Heating Air Conditioning & Refrigeration, Inc. v. The Clark Circuit Court, et al.
Relator alleges the trial court failed to rule on its motion for preliminary injunction within the time required by the Trial Rules. Relator further alleges the trial court clerk failed in her duty to withdraw the case from the trial court for appointment of a special judge after Relator filed its praecipe. * * *
Accordingly, the Court GRANTS the writ. The Honorable Daniel E. Moore is directed to vacate the “Findings of Fact, Conclusions of Law and Order Denying Preliminary Injunction and Other Orders” filed on October 2, 2009, and to cease exercising jurisdiction over the case below except as to any administrative tasks necessary to effectuate this writ. Barbara Bratcher-Hass, clerk of the trial court, is directed to give written notice to Judge Moore and this Court that submission of the case has been withdrawn in accordance with Trial Rule 53.1(E)(2).
The Court takes under advisement whether to issue an opinion explaining the reasons for granting this writ.
Justice Rucker dissented.
Danny Ray Wilkes v. State of Indiana
In this direct appeal, Daniel Wilkes appeals his murder convictions and death sentence. We affirm Wilkes’s murder convictions and death sentence. * * *
Gary Community School Corp. v. Lolita Roach-Walker and Victor Walker
The Indiana Tort Claims Act confers immunity on units of government from liability for injuries caused by ?[t]he temporary condition of a public thoroughfare . . . that results from weather.? We hold that this provision bars claims for injuries sustained during the time reasonably required for the governmental unit to respond to weather conditions. The governmental unit bears the burden of establishing its claim to immunity and in this case the Gary Schools did not carry its burden, so we affirm the judgment of the trial court in favor of the plaintiffs.
INDIANA COURT OF APPEALS
Jeff Howell v. State of Indiana
49A04-0903-CR-172
Criminal. Affirms conviction of Class D felony obstruction of justice. The messages sent by C.C. using Howell’s screen name constitutes false records, documents or things, and the evidence supports inference that Howell intended the messages sent by C.C. to mislead a public servant.
Stephanie Reeder v. John Reeder, respondent; Coots Henke & Wheeler
29A02-0902-CV-142
Civil. Affirms award of attorney’s fees to Coots Henke & Wheeler. The trial court didn’t err in ordering Stephanie to pay a particular amount to the law firm nor did it erroneously deprive her of a jury trial.
Samuel Fancher v. State of Indiana
49A02-0904-CR-301
Criminal. Affirms conviction of murder and aggravated battery as a Class B felony. Fancher failed to demonstrate that his equal protection rights were violated by the admission of Curtis Williams’ testimony. There is sufficient evidence to sustain Fancher’s convictions.
Michael Annis v. State of Indiana
76A03-0908-CR-369
Criminal. Affirms conviction of operating a vehicle with a suspended license as a Class D felony. Annis’ scooter meets the definition of a motorized vehicle because it was able to travel at more than 25 mph and had a cylinder capacity greater than 50 cubic centimeters.
INDIANA TAX COURT
Big Foot Stores LLC v. Franklin Twp. Assessor, Mill Twp. Assessor, et al.
On appeal, Big Foot asserts that the Indiana Board erred in upholding the 2003 interim assessments of its real property for two reasons. First, Big Foot asserts that interim assessments may be made only when there has been a change to the property that increases or decreases its value. Alternatively, Big Foot asserts that its interim assessments were improper because they were essentially the result of “sales chasing,” “selective reappraisals,” or “spot assessments.”[5] The Court will address these claims in turn.