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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
49A04-1307-PL-313
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
49A02-1307-CR-562
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)
05A02-1306-CR-522
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)
49A05-1309-CR-452
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)
06A04-1308-CR-391
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)
38A02-1304-IF-316
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)
85A02-1308-CR-707
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)
64A03-1308-PL-332
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. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  2. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  3. It's a capital offense...one for you Latin scholars..

  4. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

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