Opinions April 10, 2014

April 10, 2014
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Indiana Court of Appeals
HRC Hotels, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company
Civil plenary. Reverses dismissal of HRC Hotels’ amended petition for judicial review, which substituted I-465 LLC as the real party in interest instead of HRC Hotels. The standing requirements under I.C. 36-7-4-1603 are procedural rather than jurisdictional, so HRC Hotels’ alleged lack of standing when the petition was filed does not deprive the trial court of subject-matter jurisdiction. It should substitute I-465 LLC as a real party in interest and hear the merits of the petition for judicial review. Remands for further proceedings.

Michael Johnson v. State of Indiana
Criminal. Affirms convictions of two counts of Class B felony criminal confinement, Class B felony rape, Class C felony battery, Class D felonies intimidation and strangulation, and Class A misdemeanor interfering with the reporting of a crime. Johnson knowing, voluntarily and intelligently waived his right to a jury trial on all of his charges, the trial court did not abuse its discretion in denying him the right to cross-examine the victim about past sexual conduct, and the state presented sufficient evidence to prove Johnson committed Class B felony rape and Class D felony intimidation. Judge Bradford concurs in result.

Monterius D. Sharp v. State of Indiana (NFP)
Criminal. Affirms convictions and sentence for Class C felony escape, Class A misdemeanor carrying a handgun and three counts of Class D felony intimidation.

Dawayne J. Thomas v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

John Orville Study v. State of Indiana (NFP)
Criminal. Affirms convictions of four counts of Class B felony robbery, six counts of Class B felony criminal confinement, one count of Class D felony resisting law enforcement, one count of Class D felony pointing a firearm and one count of Class D felony auto theft.

Adam W. Powell v. State of Indiana (NFP)
Infraction. Affirms finding Powell committed Class A infraction operating a motor vehicle without financial responsibility, Class A infraction driving while suspended, Class C infraction failure to register and Class C infraction window tint in violation by a driver.

Jamie L. Strickler v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to three counts of Class B felony dealing in a controlled substance under two different cause numbers.  

Richard Brown and Janet Brown v. City of Valparaiso, Indiana (NFP)
Civil plenary. Affirms order denying the Browns’ inverse condemnation claim on the merits.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.



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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.