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Justices grant 2 transfers

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The Indiana Supreme Court has agreed to consider cases that involve a trial court's handling of a mentally ill murder defendant, and whether the First Amendment protects a volunteer firefighter's e-mails about the township department's financial situation.

Justices granted transfer in two cases during its weekly conference on April 1, when it considered a total of 17 cases.

Gregory L. Galloway v. State of Indiana, No. 33A02-0906-CR-280, which involves a murder case out of Henry Circuit Court where the defendant claimed he should have been acquitted because of mental insanity. The Court of Appeals in January affirmed the lower court's finding that he was guilty but mentally ill for the 2007 murder of his grandmother. The appellate court found that Thompson v. State, 804 N.E. 2d 1146 (Ind. 2004), compelled it to leave the judgment in place, despite the appellate judges' sympathy for Galloway's circumstances.

Bradley J. Love v. Robert Rehfus, individually and in his capacity as fire chief of the Sugar Creek Township Fire Department, and Sugar Creek Township, No. 30A01-0905-CV-250, which involves volunteer and part-time firefighter Bradley Love's firing about an e-mail he sent out about the department's financial situation. He won his first round of appeals of the trial court's summary judgment granting in favor of fire chief Robert Rehfus and Sugar Creek Township. The trial court ruled as a matter of law that Love didn't engage in protected First Amendment activity when sending the e-mail. Using precedent from a U.S. Supreme Court ruling in 1968 and another by the Indiana Court of Appeals in 2006, the appellate court concluded the trial court erred in granting summary judgment in favor of the defendants. The court found that caselaw says if no damage is proven, then the statements may be protected even if they are false.

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

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