ILNews

Justices' transfer action posted online weekly

Michael W. Hoskins
May 24, 2010
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In order to increase efficiency and reduce administrative redundancies at the appellate clerk's office, attorneys and law firms will no longer receive weekly e-mails about cases the Indiana Supreme Court has agreed to consider.

Indiana Appellate Clerk and Supreme Court Administrator Kevin S. Smith sent an e-mail Friday that alerted members of the public and legal community about the change. The clerk's office for several years had been sending weekly updates about the state justices' transfers granted during their private weekly conferences.

Those weekly updates known as the "Clerk's Transfer Action Report" will be replaced with full online lists about the appeal transfers and denials by the Indiana Supreme Court. The transfer disposition information is already being posted on the state judiciary's website at www.in.gov/judiciary/opinions, and will also be publicly released in Twitter updates by the state's highest court.

"Because the Clerk's Transfer Action Report contains the same information that our staff is separately typing up in these "Transfer Granted" emails, it makes little sense, administratively, for us to continue separately producing and transmitting the "Transfer Granted" e-mails as well, especially when the resources we devote to this effort are greatly needed elsewhere," Smith wrote in the e-mail.

Smith also pointed out that his office is creating this report in a Microsoft Excel document, allowing viewers to sort and filter the data on whatever cases they might want to see.

Traditionally, those transfer granted e-mails from a clerk's office staff member have gone out as soon as Thursday on the day of the justices' conferences, but usually are received by Monday the following week. Smith said the online reports will be posted in a timely manner and depend on various factors such as staffing availability, the number of transfer orders issued by the Supreme Court, and other court orders and activity that may be happening simultaneously with the three state appellate courts.

With the most recent conference activity from last week, the clerk's office posted the online report today about the 14 cases considered on Thursday. Justices didn't grant any transfers. But the denial in Cory A. McClarin v. State of Indiana, No. 20A05-0909-CR-553, in which all the justices concurred, there is an interesting and uncommon note regarding Chief Justice Randall T. Shepard's thought on the case ruled on by the Court of Appeals in March.

The denial note says the chief justice "joins in denying the Petition to Transfer, believing that the trial court has correctly been affirmed, but compliments to attorney Donald Shuler on the very high quality of the brief he filed on his client's behalf."

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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