Steven D. Cook v. State of Indiana (6/30/04 IndSCt) [Criminal Law & Procedure]
Sullivan, Justice
There is conflicting authority as to whether, prior to any trial date being set, delays caused by a defendant extend the one-year deadline for bringing a defendant to trial under Indiana Criminal Rule 4(C). We hold that they do. * * *Roy Lee Ward v. State of Indiana (6/30/4 IndSCt) [Criminal Law & Procedure]We therefore hold that delays caused by action taken by the defendant are chargeable to the defendant regardless of whether a trial date has been set. To the extent inconsistent with this holding, Hurst, 688 N.E.2d 402; and Morrison, 555 N.E.2d 458, are overruled; and Carr, 790 N.E.2d 599; Nance, 630 N.E.2d 218; Solomon, 588 N.E.2d 1271; Harrington, 588 N.E.2d 509; and Miller, 570 N.E.2d 943, are disapproved. * * *
Conclusion. We grant transfer and affirm the trial court.
Shepard, C.J., and Dickson, Boehm, and Rucker, JJ., concur.
As the result of a brutal slaying Roy Lee Ward was convicted of murder and sentenced to death. He was also convicted and sentenced to a term of years for rape and criminal deviate conduct. In this direct appeal Ward raises several issues for our review, one of which is that this case should not have been tried in the county where the crimes were committed because of community bias and pervasive pretrial publicity. The record supports this contention. We are therefore constrained to reverse and remand this cause for a new trial. * * *W. Brent & Marina Gill v. Fred Pollert and Pollert's Inc., et al (6/30/04 IndSCt) [Procedure]With his life at stake, we think the Constitution requires that the defendant “be tried in an atmosphere undisturbed by so huge a wave of public passion and by a jury other than one in which [one half] of the members admit, before hearing any testimony, to possessing a belief in his guilt.” Irvin, 366 U.S. at 728. We conclude therefore that the trial court abused its discretion in failing to grant Ward’s motion for change of venue from the county, or in the alternative to draw the jury from another county. Accordingly, we reverse the trial court on this issue and remand this cause for a new trial. Judgment reversed and cause remanded.
Shepard, C.J., and Dickson, Sullivan and Boehm, JJ., concur
We granted transfer in this case to consider the relation-back of a cross-claim filed timely but where leave of court was not sought and granted until after the expiration of the statute of limitations. * * *Rosemary Adams Huffman v. Indiana Department of Environmental Management, et al. (6/30/04 IndSCt) [Administrative Law]
The Indiana Office of Environmental Adjudication dismissed Rosemary Huffman’s petition for administrative review of a decision of the Indiana Department of Environmental Management renewing a pollution permit for Eli Lilly and Company. We hold, as did the Court of Appeals, that whether a person is entitled to seek administrative review depends upon whether the person is “aggrieved or adversely affected” (as provided in statute) by the administrative agency’s decision and that the rules for determining whether the person has “standing” to file a lawsuit do not apply. We also conclude that a portion of the Office of Environmental Adjudication’s determination that Huffman was not entitled to seek administrative review was not supported by substantial evidence. * * *Posted by Marcia Oddi at June 30, 2004 02:04 PMThe dispute in this case – whether Huffman is a proper party to seek administrative review – involves both a question of law and a determination of whether the OEA’s decision was supported by substantial evidence. * * *
Huffman takes the position that the common law doctrine of “public standing” would provide her standing to invoke judicial review in a trial court. * * * We hold that the statute, and only the statute, defines the class of persons who can seek administrative review of agency action.
With this understanding in mind, we now turn to whether the OEA properly found that Huffman is not aggrieved or adversely affected. We conclude that some of the OEA’s findings are not supported by substantial evidence. This conclusion is largely based on the procedural treatment given Lilly’s Motion to Dismiss. * * *
If the administrative law judge intended to apply Indiana’s trial rules, as Lilly requested by invoking Trial Rule 12(B)(1), the motion should have been treated as a 12(B)(6) motion. The question here is whether Huffman is a proper person to challenge Lilly’s permit and not whether IDEM has subject-matter jurisdiction over challenges to the permits it issues. IDEM always has jurisdiction over such challenges, and that does not change depending upon the petitioner. The standard for a 12(B)(6) motion is that articulated by the Court of Appeals:
In reviewing a Rule 12(B)(6) motion, a court is required to take as true all allegations upon the face of the complaint and may only dismiss if the plaintiff would not be entitled to recover under any set of facts admissible under the allegations of the complaint. This Court views the pleadings in a light most favorable to the nonmoving party, and we draw every reasonable inference in favor of that party.Huffman, 788 N.E.2d at 510 * * * [Here the Court concludes that] the OEA’s dismissal of Huffman’s Petition for Administrative Review was not supported by substantial evidence.Conclusion. We affirm the OEA’s dismissal of Huffman’s claim as it relates to potential property damage and reverse as it relates to health problems. We remand to the trial court with instructions to remand to the OEA for further proceedings consistent with this opinion.
Shepard, C.J., and Boehm and Rucker, JJ., concur. Dickson, J., concurs in result without opinion.