A trial court hearing a remonstrance proceeding on judicial review must consider the evidence submitted by both the municipality and the remonstrators, and need not defer to either the municipality’s own evidence supporting the annexation or its determination that it met the statutory requirements.
G. Slaughter
J.W. v. State, No. 19S-JV-12, __ N.E.3d __ (Ind., Jan. 9, 2019).
A juvenile who challenges the validity of a consent judgment must first seek relief from the trial court under Trial Rule 60(B) and is entitled to legal representation in doing so.
Moriarity v. Ind. Dept. of Natural Resources, No. 18S-PL-00296, __ N.E.3d __ (Ind., Jan. 3, 2019).
Dept. of Natural Resources had jurisdiction over dam on private property based on its location in, on, or along a stream of Indiana.
Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Nov. 29, 2018).
Relocating a fixed easement requires the consent of all affected estate-holders.
Weisheit v. State, No. 10S00-1507-PD-413, __ N.E.3d __ (Ind., Nov. 7, 2018).
Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.