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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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