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Opinions June 18, 2015

Indiana Court of Appeals
I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company
49A05-1409-PL-403
Civil plenary. Affirms decision by the Marion County Metropolitan Board of Zoning Appeals approving a request for a property-use variance by Jeffrey R. Baumgarth and Myers Y. Cooper Co. The BZA’s decision to grant the variance was based upon its determination that Myers Cooper had established the five elements required to justify a variance, and its decision was supported by adequate findings, which in turn were supported by the evidence, and therefore not clearly erroneous.
 

No error in granting variance for pet boarding facility

The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.

IU Maurer launches Veterans Disability Law Clinic

A first-of-its-kind legal clinic in Indiana will provide free representation beginning July 1 to veterans who wish to appeal a denial of disability benefits or seek other services to receive VA benefits.

Confederate flag license plate bid spurned by top US court

Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.

California says Uber drivers are employees

The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.

Opinions June 17, 2015 ILD

Indiana Court of Appeals
Mariea L. Best v. Russell C. Best (mem. dec.)
06A01-1501-DR-21
Domestic relation. Reverses $118,000 attorney fee award and remands to the dissolution court for the recalculation of the attorney fees to be paid by Mariea Best. Affirms stayed jailed sentence imposed by the court for a finding of contempt against Mariea Best.

In Re the Paternity of N.W., M.A. v. N.W. (mem. dec.)
45A03-1410-JP-376
Juvenile. Affirms order awarding legal custody and primary physical custody of child to father.

John Hernandez v. State of Indiana (mem. dec.)
49A02-1410-CR-714
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Peter F. Bushee v. Sheriff of Johnson County, Indiana (mem. dec.)
41A01-1411-MI-486
Miscellaneous. Affirms denial of petition to be released from the Sex Offender Registry Act’s registration requirement and removed from the state’s sex offender registry.

M.B. v. State of Indiana (mem. dec.)
49A04-1410-JV-485
Juvenile. Affirms true finding of robbery and adjudication of M.B. as a delinquent.

Jonathon Gustafson v. State of Indiana (mem. dec.)
05A02-1410-CR-752
Criminal. Affirms 20-year executed sentence for convictions of three counts of Class B felony burglary.

Richard Dean Martin v. State of Indiana (mem. dec.)
10A01-1409-PC-419
Post conviction. Remands with instructions to revise Martin’s sentence on Count III of Class A felony child molesting to a 30-year term, to be served concurrently. Affirms in all other respects.

Etelvina Abrego v. State of Indiana (mem. dec.)
49A05-1411-CR-511
Criminal. Affirms conviction of Class A misdemeanor battery.

Jesse J. Barger v. State of Indiana (mem. dec.)
88A01-1501-CR-7
Criminal. Affirms denial of motion for modification of sentence.

 

Judge slams city with default sanction in wrongful arrest case

A federal judge threw the gavel at the city of Gary for ignoring court orders to respond to discovery in a social worker’s wrongful arrest suit against the city, Gary Community School Corp, and two Gary police officers who worked for the schools.

Opinions June 17, 2015

Indiana Supreme Court
Robert Lewis III v. State of Indiana
45S00-1312-LW-512
Life without parole. Affirms Lewis’ convictions of murder, murder in the perpetration of criminal deviate conduct, criminal deviate conduct and resisting law enforcement, but reverses the sentence of life without possibility of parole because the trial court’s sentencing order did not contain a personal conclusion that life without possibility of parole is the appropriate sentence for Lewis. Remands for a revised sentencing order.

Justices reverse life sentence based on error by judge

The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.

State failed to show defendant conspired to rob gas station

The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.

Spring-back attorneys return to firm practice

While many corporate legal departments are expanding as matters are worked on internally, some in-house counsel are counter trend, opting to leave their posts to join law firms. Most had worked for a firm for at least a few years, often at the beginning of their careers, before moving to companies.

Opinions June 16, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: M.Y. and M.Y. (Minor Children), J.P. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
45A05-1410-JT-465
Juvenile. Affirms termination of parental rights.

In the Matter of the Guardianship of M.B., Mariea L. Best v. Russell C. Best (mem. dec.)
06A01-1408-GU-355
Guardianship. Dismisses appeal of trial court order appointing Russell C. Best guardian of M.B.

Nancy Jo L. Coles v. Robert Nelson Coles, Jr. (mem. dec.)
18A02-1410-DR-767
Domestic. Affirmed in part, reversed in part, and remanded with instructions to amend the decree of dissolution to reflect that Nancy is entitled to receive spousal maintenance for an indefinite period of time.

William Clayton Jackson v. State of Indiana (mem. dec.)
82A01-1410-CR-445
Criminal. Affirms convictions of Class B felony possession of methamphetamine, Class C felony dealing in a look-alike substance and Class A misdemeanor possession of marijuana.

Antelmo Juarez v. State of Indiana (mem. dec.)
20A03-1410-PC-350
Post conviction. Affirms denial of post-conviction relief.

Justin McIntosh v. State of Indiana (mem. dec.)
49A05-1410-CR-459
Criminal. Affirms convictions of Class D felony counts of pointing a firearm and criminal recklessness.

Anthony M. Cleveland v. State of Indiana (mem. dec.)
84A01-1501-CR-26
Criminal. Affirms conviction of Class D felony battery of a child.

Michael Shanklin v. State of Indiana (mem. dec.)
49A02-1409-CR-601
Criminal. Affirms convictions of two counts of Class A felony and three counts of Class B felony dealing in cocaine or a narcotic drug.

 

Opinions June 16, 2015

Indiana Court of Appeals
Joan Strozewski v. James Strozewski
29A02-1412-DR-885
Domestic. Affirms on interlocutory appeal trial court denial of Joan Strozewski’s motion to transfer the case to St. Joseph County. Because Hamilton County is a preferred venue for a dissolution action, change of venue cannot be granted, and the trial court did not err in denying the motion to transfer venue.

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