Justices heard arguments Tuesday morning in Philip Littler v. State, 71A03-0510-CR-509, and granted transfer later that day. The case is a murder conviction appeal involving whether the trial court abused discretion in excluding certain testimony from the victim ;s mother, properly allowed the state to add a murder charge after the omnibus date, and whether sufficient evidence was provided to support the charge. The Court of Appeals had affirmed the lower court ;s rulings in a memorandum opinion in December.
In Idan Filip v. Carrie Block, No. 75A05-0601-CV-10, the Court of Appeals in December issued a decision reversing and remanding a case involving a couple ;s insurance policy at issue in a 2003 fire loss. The lower appellate court had determined the negligence action was brought within a two-year statute of limitations and that an issue of material fact existed as to how much the couple relied on insurance agent Carrie Block ;s advice in procuring the insurance coverage, and her subsequent failure to notify them the acquired coverage was inadequate.
A third case transferred is Linda Keesling v. Frederick Beegle, 18A04-0501-CV-10, which the Court of Appeals in December affirmed and reversed in part. The case involves fraud, theft, conversion, racketeering, and securities claims relating to the selling of telephone systems, including payphones.
The justices also granted transfer in Michael Robertson v. State of Indiana , 49A05-0512-CR-731, which comes from a January Court of Appeals decision stemming from a felony theft case. The appellate court affirmed that evidence was sufficient for the conviction, but that the enhanced and consecutive sentence was incorrect and instructed the court to revise the sentence from two years to the advisory 1 ½ years.