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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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