ILNews

High court grants 4 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted four transfers last week, though one was remanded to the state's Court of Appeals while another came with a significant ruling about community rental restrictions.

In taking the cases, justices now have a chance to weigh in on the denial of post-conviction relief regarding a habitual offender enhancement and driving an ATV while drunk on private property.

On May 13, the high court granted transfer in State of Indiana v. Adam L. Manuwal, No. 50A05-0703-CR-182, which asks whether the trial court correctly ruled that a driver of an ATV shouldn't be prosecuted for driving under the influence on his or her own property, pursuant to the Indiana Codes Sections 9-30-5-1 and -2.

In November, the Court of Appeals affirmed Manuwal's motion to dismiss because he was improperly charged under the general OWI statutes, ruling that he should have been charged for violating Section 14-16-1-23 - the statute governing a defendant's operation of an off-road vehicle while under the influence.

Justices also will consider Anthony A. Hopkins v. State of Indiana, No. 49A05-0705-PC-279. Hopkins appealed his denial for post-conviction relief, arguing the trial court failed to advise him that his guilty plea included an element of being a habitual offender and not just stipulated to the underlying felonies. Not being advised of those rights - dubbed Boykin rights - caused his guilty plea to be involuntary and unintelligent, so his plea should be vacated, Hopkins contended. The Court of Appeals reversed the post-conviction court and remanded for further proceedings, and now that decision has been vacated.

The Supreme Court also granted transfer in West Villas II of Willowridge Homeowners Association v. Edna McGlothin, No. 34S02-0805-CV-266. Click here to read IL's coverage of the case.

Another transfer in Margaret R. and Darrell G. Smith v. JP Morgan and Litton Loan, No. 89A01-0702-CV-00094, resulted in the justices' remanding that case to the Court of Appeals, since the lower court had denied the Smiths' pro se motion for emergency stay from the sale of their home because of late filings and not properly following the appellate rules. Upon transfer, the Supreme Court reinstated the appeal.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. 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?

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