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Supreme Court takes 3 cases

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The Indiana Supreme Court has granted transfer to three cases, dismissed one and declined 16 cases for the week ending Oct. 21.

In John R. Berry IV v. State of Indiana, No.49A04-1008-CR-536, the Indiana Court of Appeals reversed John Berry’s conviction of Class A felony attempted murder and remanded with instructions to find Berry not guilty by reason of insanity and for further proceedings as required by the Indiana Code. The appellate court looked at whether a person’s mental disease brought on by years of drinking could support an insanity defense. The judges concluded Berry’s psychosis was a mental defect under the law.

In Michael J. Lock v. State of Indiana, No. 35A04-1010-CR-641, Michael Lock appealed his conviction of Class D felony operating a motor vehicle while privileges are suspended. He contended the state failed to prove his 2009 Yamaha Zuma was a motor vehicle, and the appellate court agreed, reversing his conviction. The COA was split in reversing Lock’s conviction, with Judge John Baker dissenting.

The justices also accepted Otha S. Hamilton v. State of Indiana, No. 49S02-1110-CR-621 and released an opinion on the case Oct. 19.

The justices voted 3-2 to dismiss Warren L. Williams, et al. v. David Orentlicher, et al., No. 49A02-1003-PL-249, in which the COA had held that the trial court properly denied Warren Williams’ and David Frankel’s motion to compel arbitration. The appellate court ruled that the two former leaders in the Indiana State Teachers Association – who served as trustees for a legally separate insurance trust – can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts. Judge James Kirsch dissented because he believed Williams’ and Frankel’s respective ISTA responsibilities were an integral foundation for what they did as ex officio members for the trust.

Justices Frank Sullivan and Robert Rucker voted to deny petition to transfer, rather than dismiss.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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