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Supreme Court grants 4 transfers

January 1, 2008
The Indiana Supreme Court granted four transfers yesterday in cases involving expungement of an arrest record, Indiana's prostitution statutes, a landlord/tenant dispute, and whether control or title is critical in determining whether the vendor in a land-sale contract owes a duty to third parties.

In State of Indiana v. Chad Arnold, No. 49A02-0610-CR-961, the Indiana Court of Appeals reversed a trial court order denying the state's motion pursuant to Indiana Trial Rule 60(B), which requested relief from the order that Indiana State Police expunge Chad Arnold's arrest record for robbery. Arnold was arrested in 1993, but in 2006, he requested his arrest record for robbery be expunged pursuant to Indiana Code Section 35-38-5-1 because the state never filed charges relating to the arrest. The appellate court remanded for a new evidentiary hearing on Arnold's request.

In Edwin Hayes Jr. v. State of Indiana, No. 15A01-0707-CR-340, the Court of Appeals reversed and remanded with instructions to vacate Edwin Hayes' conviction for promoting prostitution and to sentence Hayes on the conviction for attempted sexual misconduct with a minor, which he wasn't originally sentenced on because of double jeopardy concerns. It was a fundamental error for Hayes to be convicted pursuant a guilty plea to promoting prostitution because there wasn't sufficient factual basis. The appellate court affirmed his sentence for the convictions of child exploitation and possession of marijuana.

In Stan Klotz v. Sarah Hoyt and Chrissy Kornmann, No. 18A02-0707-CV-556, the Court of Appeals held Stan Klotz, the landlord of Sarah Hoyt and Chrissy Kornmann, complied with all relevant statutes regarding the handling of security deposits. As a result, the court reversed the dismissal of Klotz's complaint for breach of lease against Hoyt and Kornmann.

In Christine R. Scheible, as the mother of Travis David Scheible, deceased v. Fred Jackson, Ronald Smith, and Ray M. Scheible, No. 03A01-0704-CV-186, the appellate court reversed the grant of summary judgment in favor of Fred Jackson, Ronald Smith, and Ray Scheible on Christine Scheible's suit alleging Jackson and Smith exercised control of the property and owed a duty to the traveling public to maintain the property in a safe condition. Jackson owned the land the tree was on and had entered into an installment contract sale of real estate with Smith, in which Jackson retained the legal title but Smith took immediate possession of the property.

Travis Scheible was hit by a car while riding his bike on Smith and Jackson's property because his view was obstructed by leaves and branches of a tree on the property as he crossed the street. The Court of Appeals couldn't say as a matter of law that Jackson lacked a duty of care to Travis since Jackson only maintained the legal title to the property and not control over it.
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