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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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