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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v. Steven Hollin, No. 69S05-1201-PC-6, the justices accepted a post-conviction case the Court of Appeals reversed in an unpublished memorandum opinion.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. 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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