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Friday, November 07, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)

For publication opinions today (1):

In Knox County Council v. John Sievers, et al. , an 11-page opinion, Judge Friedlander writes:

The Knox County Council (the Council) filed a three-count complaint seeking under Count I an accounting with respect to Knox County Prosecutor John F. Sievers (the Prosecutor) and Knox County Sheriff Stephen P. Luce (the Sheriff), under Count II certain records from the Sheriff and from attorney Matthew Parmenter, who was hired by the Prosecutor to represent the Prosecutor’s Office in civil forfeiture proceedings, and under Count III injunctive relief. Upon appeal, the Council seeks reversal of the grant of motions to dismiss filed by the Sheriff and the Prosecutor with respect to Count II, presenting several issues for review. We address only the following issue, as we find it dispositive of the appeal: Did the trial court err in determining the Council did not have standing to pursue legal action against the Prosecutor and the Sheriff? We reverse and remand with instructions. * * *

The trial court erred in determining that the Council does not have standing to pursue this action under APRA, and we reverse the dismissal of the Council’s lawsuit on that basis. We note that the other basis for dismissal cited by the court, i.e., its lack of subject matter jurisdiction, is a direct derivative of that erroneous conclusion and is therefore also erroneous. The trial court is reversed and this matter is remanded with instructions to reinstate the Council’s APRA action and to proceed in this case in a manner consistent with the principles set out in this opinion.

NFP civil opinions today (1):

In the Matter of V.B., J.H. III, J.B., and J.H. (NFP) - "Appellant-Respondent James Hopson Jr. (“Father”) appeals from the juvenile court’s determination that his minor children, J.H. III, J.B., and J.H., are children in need of services (“CHINS”). Father presents a single issue for our review, namely, whether the evidence is sufficient to support the CHINS adjudication. We affirm. "

NFP criminal opinions today (6):

Jack W. Ferman v. State of Indiana (NFP)

Norman Richardson v. State of Indiana (NFP)

Anthony White v. State of Indiana (NFP)

Michelle Dearing v. State of Indiana (NFP)

Erick C. Pollock v. State of Indiana (NFP)

Allan G. Becker v. State of Indiana (NFP)

Posted by Marcia Oddi on November 7, 2008 12:50 PM
Posted to Ind. App.Ct. Decisions