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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. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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