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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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