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Simon wins dismissal of CEO pay lawsuit

The country's largest shopping-mall owner, Simon Property Group Inc., won’t have to face a lawsuit claiming it improperly barred investors from voting on an executive-pay plan that yielded a $120 million stock award to CEO David Simon. IBJ has the story.

 

IU McKinney team in Vienna for moot competition

For the second year in a row, a group of students from Indiana University Robert H. McKinney School of law is competing in a prestigious international business law competition in Vienna, Austria.

Northern District seeks magistrate for Fort Wayne division

The U.S. District Court in the Northern District of Indiana is now accepting applications for a full-time magistrate judge in the Fort Wayne division. The Judicial Conference of the United States has authorized the appointment.

Bankruptcy court addresses e-filing, weather issues

The United States Bankruptcy Court in the Southern District of Indiana has posted notice on its website as to how it will handle situations when the electronic case filing system is unavailable or weather creates access issues for customers.

Opinions April 10, 2014 ILD

Indiana Court of Appeals
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.

 

Opinions April 10, 2014

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.

COA: Court should hear petition involving pet daycare

The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.

IndyBar votes conditional support for Justice Center proposal

The Indianapolis Bar Association on Wednesday voted to give encouraging yet conditional support to Mayor Greg Ballard’s recent proposal to construct a new criminal justice center complex, according to a statement issued Thursday.

Indy club must pay BMI for DJ’s tunes

A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.

Opinions April 9, 2014 ILD

Indiana Court of Appeals
Abelardo Perez-Romero v. State of Indiana (NFP)
20A03-1307-CR-290
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Matthew McKinney v. State of Indiana (NFP)
15A01-1309-CR-399
Criminal. Affirms 30-year aggregate sentence following guilty plea to two counts of dealing in a schedule II controlled substance, one as a Class A felony and one as a Class B felony; and Class C felony dealing in marijuana.

Roger T. Fox v. State of Indiana (NFP)
52A02-1307-IF-608
Infraction. Affirms citation for failing to wear a seatbelt under I.C. 9-19-10-2.

In the Matter of the Termination of the Parent-Child Relationship of: G.G. (Minor Child), And A.S. (Mother) & G.G., Jr. (Father) v. The Indiana Department of Child Services (NFP)
18A05-1308-JT-418
Juvenile. Affirms termination of parental rights.

Risha Warren v. Review Board of the Indiana Department of Workforce Development and Springs Valley Community School Corp. (NFP)
93A02-1311-EX-949
Agency action. Affirms denial of unemployment benefits.

Antione Marshall v. State of Indiana (NFP)
27A05-1308-CR-425
Criminal. Affirms revocation of probation and order Marshall serve his previously suspended sentence.

Zar Dyson v. State of Indiana (NFP)
27A02-1302-CR-135
Criminal. Affirms that the trial court properly denied Dyson’s motion to strike an amended charging information and acted within its discretion in refusing to give his tendered jury instruction that defined “recklessly.” Concludes that the evidence was sufficient to support Dyson’s convictions for intimidation and pointing a firearm. The conviction and sentence for the lesser offense—pointing a firearm—must be set aside on double jeopardy grounds because there was a reasonable possibility that the jury used the exact same evidence to convict Dyson of both offenses. Affirms 20-year aggregate sentence, except for the erroneous sentence imposed for pointing a firearm. Judge Crone concurs in part and dissents in part.

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.
 

Opinions April 9, 2014

Indiana Court of Appeals
In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook
48A02-1307-MI-615
Miscellaneous. Affirms order the state should pay Pendleton Correctional Facility inmate Jeffrey Cook’s appellate counsel $5,232.35 in attorney fees and expenses. I.C. 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, and shifts the burden to the state to pay both trial and appellate costs.

Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit

A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.

8 more claim abuses in suspended Clark County drug court

Eight new plaintiffs have been added to a federal civil-rights lawsuit claiming officials involved in Clark County’s suspended drug court program jailed participants for months without due process, conducted improper searches and made unauthorized arrests.

Councilor: ACLU settlement won’t deter panhandling proposal

The city of Indianapolis reached a settlement with the American Civil Liberties Union over enforcement of its panhandling ordinance, but that won't deter a City-County Council effort to pass a more restrictive law, a councilor said Wednesday morning.