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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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