Justices add 4 cases

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A long-running dispute between the owners and former owners of a home with electrical and structural issues will return to the Indiana Supreme Court, one of four cases justices added last week.

Justices agreed to review the issue of whether plaintiffs who won a fraudulent misrepresentation judgment against former homeowners may be entitled to attorney fees and other costs under the Indiana Crime Victims Relief Act.

The Court of Appeals affirmed a Lake Superior ruling that the plaintiffs were not entitled to recover fees under the Act. The case is Joseph and M. Carmen Wysocki v. Barbara A. and William T. Johnson, both individually and as Trustees of the Barbara A. Johnson Living Trust, 45S03-1407-CT-459.

Justices also added two criminal cases decided in memorandum decisions by the Court of Appeals.

In Daniel Lee Pierce v. State of Indiana, 78S05-1407-CR-460, an appeals panel reversed multiple child molesting convictions and remanded for a new trial in Switzerland Circuit Court. The panel ruled the trial court abused its discretion by denying Daniel Lee Pierce’s motion to sever the charges against him.

In John Orville Study v. State of Indiana,  06S04-1407-CR-461, the Court of Appeals affirmed convictions of four counts of Class B felony robbery, six counts of Class D felony confinement, and one Class D felony count each of resisting law enforcement and auto theft. John Orville Study also argues the court erred in denying his request to sever charges and contests the admission of certain evidence.

The transfer list also includes a case in which justices rendered an opinion Friday, vacating the termination of parental rights for a mother who was in jail. That case is In re the Involuntary Termination of the Parent-Child Relationship of K.W., a Minor Child, and His Mother, C.C. K.W. v. Indiana Department of Child Services and Child Advocates, Inc., 49S02-1407-JT-458.

Justices denied transfer in 23 cases. Supreme Court transfer dispositions may be viewed here.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.