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Justices to hear 3 arguments Thursday

June 24, 2009

The Indiana Supreme Court will hear three cases on Thursday morning, including one that deals with incest confessions to police, and a second involving a police officer's claims for injuries he received while responding to a complaint at a strip club.

Larry McGhee v. State of Indiana, No. 48A02-0804-CR-345: a Madison County case where an investigating police officer told Larry McGhee that sexual encounters with adult relatives are not against the law, and McGhee then confessed to one. That confession was admitted at trial and he was convicted of incest. The Indiana Court of Appeals reversed in McGhee v. State, 899 N.E.2d 35 (Ind. Ct. App. 2008), and justices are determining whether to accept transfer.

Babes Showclub v. Patrick Lair, No. 49S05-0905-CV-214: a Marion County case involving an Indianapolis police officer who was responding to a complaint at Babes Showclub and was injured by an underage patron. The trial court denied the showclub's motion to dismiss the officer's general negligence, negligent security, and common law dram shop claims. But the Court of Appeals reversed earlier this year, holding that the Fireman's Rule barred the officer's claims.

Indiana Family & Social Services Administration v. Alice Meyer, No. 69S01-0905-CV-233: a Ripley County case where the Alice Meyer Trust petitioned for judicial review of a decision by the FSSA. After the trust failed to transmit the agency record by an extended deadline set by the Ripley Circuit Court, the FSSA moved to dismiss the petition. The court denied that motion, granted the trust's motion to file a belated record, and ruled on the petition for review. The FSSA appealed that dismissal motion denial, and the Court of Appeals earlier this year issued a split decision in Indiana Fam. & Soc. Serv. Admin. v. Meyer, 900 N.E.2d 74 (Ind. Ct. App. 2009), where one judge affirmed, the second only concurred in result, while the third judge dissented.

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