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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. 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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