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Justices accept 4 cases

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The Indiana Supreme Court has taken four cases, including one that deals with an insurance dispute over cleanup costs.

In State Automobile Mutual Insurance Co. v. Flexdar Inc., No. 49S02-1104-PL-199, the Indiana Court of Appeals affirmed summary judgment for Flexdar in State Automobile Mutual Insurance Co.’s action seeking declaration that it owed no coverage for environmental cleanup costs. The judges held State Auto’s pollution exclusion is ambiguous and unenforceable, so it didn’t preclude coverage. The Court of Appeals also concluded that Indiana Evidence Rule 407 may bar evidence of subsequent policy revisions offered to resolve ambiguity in an executed insurance contract.

In Tonya Peete v. State of Indiana, No. 49S02-1104-CR-201, the Court of Appeals affirmed Tonya Peete’s convictions of two counts of Class A misdemeanor invasion of privacy. She argued that the evidence presented at trial was insufficient to show that she knowingly or intentionally violated an ex parte protective order.

In Glenn L. Carpenter v. State of Indiana, No. 49S02-1104-CR-198, the lower appellate court affirmed Glenn Carpenter’s conviction of Class B felony unlawful possession of a firearm by a serious violent offender, his adjudication as a habitual offender, and the 40-year sentence imposed. Carpenter challenged the admission of evidence that drugs and paraphernalia were found on him and his sentence, which was enhanced by 20 years on the habitual offender count.

In Christopher Jewell v. State of Indiana, No. 32S04-1104-CR-200, the Court of Appeals affirmed Christopher Jewell’s convictions of and aggregate 40-year sentence for six counts of sexual misconduct and child molesting. He argued recorded statements admitted as evidence were procured and admitted in violation of his constitutional rights to counsel.

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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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