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Justices take 4 cases

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The Indiana Supreme Court has accepted four cases on transfer.

A transfer disposition list issued by the Indiana Appellate Clerk’s Office on Monday shows the state justices at their weekly conference on Thursday declined 24 cases, and granted transfer in four.

In James C. Purcell v. Old National Bank, No. 49S02-1201-CT-4, the justices will hear a civil tort case involving a negligence and construction fraud claim by a subordinate creditor. The appellate court found the trial court did not abuse its discretion when granting judgment on the evidence in favor of Old National Bank regarding James Purcell’s negligence and constructive fraud claims, because the bank didn’t owe him any duty as a subordinate creditor. But the appellate judges also found the trial court abused its discretion in granting judgment on claims involving actual fraud, pecuniary damages from deception and tortious interference with contract claims.

The justices accepted Anthony H. Dye v State of Indiana, No. 20S04-1201-CR-5, after the Court of Appeals in November affirmed a 30-year sentence for a defendant determined to be a habitual offender. The appellate court examined the issue about the two convictions arising out of the same res gestae, and they held that the sentence increase didn’t constitute an impermissible double enhancement. Judge Melissa May dissented.

In State v. Steven Hollin, No. 69S05-1201-PC-6, the justices accepted a post-conviction case the Court of Appeals reversed in an unpublished memorandum opinion. The intermediate appellate panel overturned the trial court’s grant of Hollin’s petition. The trial judge had determined Hollin was deprived of effective assistance of trial counsel and the prosecutor engaged in trial misconduct.

In Jacqueline Wisner, M.D. and the South Bend Clinic LLP v. Archie L. Laney, No. 71S03-1201-CT-7, the justices took the civil tort that involved Archie Laney’s attorney conduct at trial. The appellate panel found the trial court didn’t abuse its discretion in determining Laney’s attorney’s actions did not deprive the defendants of a fair trial or in concluding that the trial court instructions were sufficient to dispel any confusion that may have been caused by Laney’s counsel’s final argument. The trial court didn’t err in finding that no impropriety occurred when a witness spoke to other witnesses before trial. But the court reversed on the issue of prejudgment interest and remanded for further proceedings.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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