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Supreme Court grants transfer in 4 cases

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The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.

A divided appeals panel reversed conviction of the Class B felony and a 12-year prison sentence in Shawn Blount v. State of Indiana, 49A02-1304-CR-365. Blount was charged after a shooting at an Indianapolis motel. 

The majority Court of Appeals opinion by Senior Judge Carr Darden held that it was impermissible hearsay when an officer testified that a mother and son had provided a nickname that led to Blount’s arrest. Judge Margret Robb joined the majority and Judge James Kirsch dissented without opinion.

The Blount case is one of four that the Indiana Supreme Court took up for the week ending May 16.

Another criminal appeal also was added to the justices’ docket. The court will review Scott Logan v. State of Indiana, 20S05-1405-CR-339. In a memorandum decision, the Court of Appeals affirmed Logan’s Class C felony conviction of child molestation from Elkhart Superior Court. Logan claimed at the Court of Appeals that charges should have been dismissed under Indiana Criminal Rule 4(C) and that Logan was denied a speedy trial.
 
Also on the transfer list is State of Indiana v. Tammy Sue Harper, 79S02-1405-CR-334, in which justices last week affirmed a sentence reduction,  finding that a deputy prosecutor’s conduct during a hearing satisfied the statutory requirement that a prosecuting attorney consent to the reduction.

In addition, justices will hear an appeal of trial court and Court of Appeals rulings that shareholders who sued an organization’s board of directors are entitled to full access to an unredacted version of a report produced by a special litigation committee.

That case is TP Orthodontics, Inc., Christopher K. Kesling, DDS, MS, Adam Kesling, and Emily Kesling, Individually and derivatively on behalf of TP Orthodontics, Inc. v. Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001, and the Andrew C. Kesling Trust Dated March 28, 2001, 46S03-1405-MI-337.

Indiana Supreme Court transfer disposition summaries may be viewed here.
 

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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