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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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