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High court grants 2 transfers

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The Indiana Supreme Court granted transfer to two cases Jan. 29, one involving statements given to police and the other whether a man's trial counsel was ineffective.

In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp, and Papa John's U.S.A. Inc., No. 29A02-0707-CV-625, the Indiana Court of Appeals reversed summary judgment in favor of the pizza chain and its employee, Kelly Tharp, finding genuine issues of fact as to whether Tharp's statement to police was protected by privilege. Tharp told a passerby and other workers at Papa John's that Sanford Kelsey had a gun when he and Thomas Williams picked up a pizza. Tharp gave police the license plate number and description of Kelsey's car. Police didn't find a gun on the men.

As a result of the question of whether Tharp's statement was protected by privilege, summary judgment on the false imprisonment count was improperly premised on the qualified privilege.

Because of other issues of fact on the intentional infliction of emotional distress, negligent hiring, and punitive damages claims, granting summary judgment in favor of the pizza chain and Tharp was an error. The appellate court remanded the case for trial.

In James H. Helton, Jr. v. State of Indiana, No. 20A04-0710-PC-589, the appellate court reversed the denial of James Helton's petition for post-conviction relief, ruling his trial counsel was ineffective as a matter of law because he didn't file a pre-trial motion to suppress evidence obtained at Helton's home pursuant to a search warrant. The Court of Appeals found his trial counsel misunderstood the law applicable to Helton's defense, so he couldn't have given his client competent advice on whether to plead guilty. Helton pleaded guilty to possession of methamphetamine with intent to deliver and was sentenced to 45-years in prison.

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

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