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Man accused of violating city ordinances entitled to jury trial

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Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.

The city of Indianapolis filed a civil complaint against Robert Gates alleging he violated three ordinances for allowing his dog to defecate on a public street without cleaning it up, hitting his dog multiple times, and for not having permanent identification or proof of rabies vaccination for the dog. Gates filed a demand for a jury trial, which the trial court denied.

In Robert M. Gates v. City of Indianapolis, 49A04-1210-OV-503, the Court of Appeals relied on Cunningham v. State, 835 N.E.2d 1075, 1076 (Ind. Ct. App. 2005), and Midwest Security Life Insurance Co. v. Stroup, 730 N.E.2d 163, 169-70 (Ind. 2000), to find that Gates is entitled to a jury trial under Article I, Section 20 of the state Constitution.

The COA had to determine whether the cause of action at issue is equitable or legal in nature, as those terms were used in 1852 under Indiana Trial Rule 38(A), as explained by Justice Theodore Boehm in Midwest, since the ordinances at issue did not exist prior to 1852.  

The Supreme Court has held that the violation of city ordinances is of a quasi-criminal nature. Judge Edward Najam wrote that the violations at issue here are also quasi-criminal because they are enforced by the city’s Department of Public Safety, complaints are initiated and litigated by a prosecuting attorney on behalf of the city, and violators are fined by the government. The judges agreed with Gates that the mandatory fines imposed in this case are like claims for money damages, which were “exclusively legal actions in 1852.”

The COA ordered the trial court to grant Gates’ jury trial request.

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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