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Supreme Court takes 2 cases, rejects 17

November 13, 2012

The Indiana Supreme Court took two not-for-publication cases last week and denied transfer in 17 other cases.

The transfer disposition list released Tuesday may be viewed here.

Included in the transfers was the case of Michael Kucholick v. State of Indiana, 12-S02-1211-CR-630, in which a man’s sentence for firing shots into the house of his girlfriend’s landlord was reduced by the Court of Appeals. Justices on Nov. 7 directed the COA to impose the advisory sentence of four years, all executed.

Justices also granted transfer to Barbara A. Johnson and William T. Johnson, both individually and as trustees of the Barbara A. Johnson Living Trust dated 12-17-1996 v. Joseph Wysocki and M. Carmen Wysocki, 45S04-1211-CT-634.

That case involves the sale of a home from the Johnson trust to the Wysockis. The Court of Appeals held there was no evidence to show the Johnsons had knowledge of defects at the house when it was sold, reversing a trial court finding in favor of the Wysockis on the basis of fraudulent misrepresentation. The COA affirmed denial of the Wysockis’ attorney fees and costs pursuant to the Crime Victims Relief Act.

 

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