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Appeals court to visit Marion, Vigo counties

IL Staff
January 1, 2008
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The Indiana Court of Appeals continues to travel around the state this month, making stops in Marion and Vigo counties Tuesday.

Judges Patricia Riley, James Kirsch, and Margret Robb will hear arguments in Gary and Katherine Hoesman v. Daniel Sheffler, et al., No. 77A01-0708-CV-385, at 10:30 a.m. in the Cecilian Auditorium in the Conservatory of Music Building at the St. Mary-of-the-Woods College in Vigo County. In this case, a trust's beneficiaries discovered the trust administrator had converted funds for her personal use. The beneficiaries got the administrator removed and won a money judgment against her. The beneficiaries now are trying to get assets held by the administrator's husband and mother on theories of fraudulent transfer, prior lien, and constructive trust. The appellate court will need to determine whether the trial court was correct in granting summary judgment for Sheffler's mother and husband and in denying the beneficiaries' motions for leave to amend their complaint and to consolidate this action with another.

In Indianapolis, Judges Melissa May, Michael Barnes, and Cale Bradford will hear the case, Otis Freshwater v. State of Indiana, No. 27A02-0710-CR-863, at 1:30 p.m. at Heritage Christian School, 6401 E. 75th St. Otis Freshwater was convicted of armed robbery and residential entry. The Court of Appeals is asked to decide whether the trial court erred in admitting hearsay statements from a police officer over Freshwater's objection, and if the state failed to meet its burden of proof on the second count of residential entry.
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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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