Court grants 1 transfer, denies 36

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will decide whether counsel can inspect police reports that are already used by the state to refresh the recollection of a witness at trial.

Last week, the high court granted one transfer out of more than three dozen cases considered for review by the state's high court. The case Thabit Gault v. State of Indiana , 27A02-0603-CR-224, involves a Grant County man's appeal of his 2004 arrest relating to felony possession of cocaine with intent to deliver.

At trial, defense attorney Shane Beal cross-examined an officer who'd arrested Gault and, after the officer expressed uncertainty, the prosecutor gave him a copy of the police report to read before testifying. Beal asked for time to read the report, but the prosecutor invoked the work product privilege and the trial court determined it was not discoverable evidence and denied the request.

On appeal, Gault contended that he and his attorney should have been permitted to review the report pursuant to Indiana Evidence Rule 612. The Court of Appeals affirmed that in a 2-1 decision Feb. 13, holding that the trial court should have allowed Gault to see the report but that the denial did not constitute reversible error. Judge Nancy Vaidik dissented.

Arguments have not been set for this case. Along with this transfer, the justices denied transfer of 36 cases - including John Doe v. Town of Plainfield (, which the Court of Appeals decided in February that a resident can sue the city anonymously in opposition of an ordinance banning sex offenders from parks and recreational areas.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...