Supreme Court grants 3 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer Thursday to three cases that involve amending charging information after the omnibus date, police questioning about drugs during a routine traffic stop, and consolidating a preliminary injunction hearing with a trial on the merits without notice.

In Michael Hill v. State of Indiana, No.49A02-0701-CR-110, the appellate court affirmed the trial court didn't err by allowing the state to amend the charging information to add the attempted sexual misconduct with a minor charge after the omnibus date. The Indiana Court of Appeals reversed Hill's conviction on the count and remanded for the trial court to vacate the conviction because the state didn't present sufficient evidence to convict Hill on the charge.

In State of Indiana v. Raymond L. Washington Jr., No. 02A03-0703-CR-124, the appellate court affirmed the trial court's order granting Washington's motion to suppress marijuana seized from his pocket during a traffic stop. The Court of Appeals addressed the propriety of the common practice of police officers asking a person if he or she has any drugs during an otherwise routine traffic stop and decided that the police officer's question of whether Washington had any drugs on him was unreasonable under Article 1, Section 11 of the Indiana Constitution.

In John C. Roberts, M.D. v. Community Hospitals of Indiana, Inc., No. 49A02-0701-CV-17, the Court of Appeals reversed the trial court's award of judgment in favor of Community Hospitals. The court determined Roberts was prejudiced by the consolidation of the preliminary injunction hearing with a trial on the merits without giving Roberts prior notice and remanded to the trial court to determine sufficiency of evidence to support the judgment in favor of Community Hospitals. Roberts had filed a preliminary injunction and temporary restraining order against Community Hospitals after he was terminated from a residency program for his history of unprofessional behavior.

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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.