ILNews

Supreme Court grants 4 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted four transfers yesterday in cases involving expungement of an arrest record, Indiana's prostitution statutes, a landlord/tenant dispute, and whether control or title is critical in determining whether the vendor in a land-sale contract owes a duty to third parties.

In State of Indiana v. Chad Arnold, No. 49A02-0610-CR-961, the Indiana Court of Appeals reversed a trial court order denying the state's motion pursuant to Indiana Trial Rule 60(B), which requested relief from the order that Indiana State Police expunge Chad Arnold's arrest record for robbery. Arnold was arrested in 1993, but in 2006, he requested his arrest record for robbery be expunged pursuant to Indiana Code Section 35-38-5-1 because the state never filed charges relating to the arrest. The appellate court remanded for a new evidentiary hearing on Arnold's request.

In Edwin Hayes Jr. v. State of Indiana, No. 15A01-0707-CR-340, the Court of Appeals reversed and remanded with instructions to vacate Edwin Hayes' conviction for promoting prostitution and to sentence Hayes on the conviction for attempted sexual misconduct with a minor, which he wasn't originally sentenced on because of double jeopardy concerns. It was a fundamental error for Hayes to be convicted pursuant a guilty plea to promoting prostitution because there wasn't sufficient factual basis. The appellate court affirmed his sentence for the convictions of child exploitation and possession of marijuana.

In Stan Klotz v. Sarah Hoyt and Chrissy Kornmann, No. 18A02-0707-CV-556, the Court of Appeals held Stan Klotz, the landlord of Sarah Hoyt and Chrissy Kornmann, complied with all relevant statutes regarding the handling of security deposits. As a result, the court reversed the dismissal of Klotz's complaint for breach of lease against Hoyt and Kornmann.

In Christine R. Scheible, as the mother of Travis David Scheible, deceased v. Fred Jackson, Ronald Smith, and Ray M. Scheible, No. 03A01-0704-CV-186, the appellate court reversed the grant of summary judgment in favor of Fred Jackson, Ronald Smith, and Ray Scheible on Christine Scheible's suit alleging Jackson and Smith exercised control of the property and owed a duty to the traveling public to maintain the property in a safe condition. Jackson owned the land the tree was on and had entered into an installment contract sale of real estate with Smith, in which Jackson retained the legal title but Smith took immediate possession of the property.

Travis Scheible was hit by a car while riding his bike on Smith and Jackson's property because his view was obstructed by leaves and branches of a tree on the property as he crossed the street. The Court of Appeals couldn't say as a matter of law that Jackson lacked a duty of care to Travis since Jackson only maintained the legal title to the property and not control over it.
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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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