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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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