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High court grants transfer to 3 cases

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The Indiana Supreme Court granted transfer to three cases Thursday, including one case involving challenges to a ruling on pretrial motions after a guilty plea.

In Tommy D. Alvey v. State, No. 82A01-0804-CR-164, the Indiana Court of Appeals ruled Tommy Alvey couldn't challenge the trial court's denial of his pretrial motion to suppress because he pleaded guilty to a drug charge. Relying on the Indiana Supreme Court's ruling in Norris v. State, No. 43S03-0807-CR-379, the Court of Appeals ruled that an evidentiary challenge after pleading guilty isn't permissible.

Alvey challenged the trial court order denying his pretrial motion to suppress following a "conditional guilty plea" in which he and the state agreed he had reserved his right to appeal the court's order.

In Brennen Baker and Moisture Management v. Tremco Inc. and Rick Gibson, No. 29A02-0711-CV-1001, the appellate court affirmed summary judgment in favor of Rick Gibson on Brennen Baker's claim that Gibson defamed him by telling a third party that he suffered from mental illness and in favor of Tremco on Baker's "blacklisting" and wrongful-discharge claims. The Court of Appeals reversed and remanded with instructions to enter summary judgment in favor of Baker on his claim that he did not violate the noncompete clause with his former employer, Tremco. The case was also remanded for trial on Baker's claim against Tremco of tortious interference and the claim that Gibson defamed Baker by telling a third party that he had engaged in inappropriate sales practices.

Judge Terry Crone dissented in part in a separate opinion regarding the issue of whether Gibson defamed Baker by telling a third party that Baker suffered from a mental illness. Judge Crone believed that a bare assertion that someone suffers from a mental illness is sufficient to constitute slander per se.

The Supreme Court also granted transfer with opinion to Pelley v. State, No. 71S05-0808-CR-446.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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