ILNews

High court to hear insurance, drug, murder cases

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The Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split in their rulings on a drug case and an insurance case.  

In Lisa Gray v. State of Indiana, No.82S01-1106-CR-328, the majority of appellate judges reversed Lisa Gray’s conviction of Class A misdemeanor possession of marijuana, finding the state failed to prove beyond a reasonable doubt that Gray constructively possessed the drug. The majority cited Gee v. State, 810 N.E.2d 338, 340 (Ind. Ct. App. 2004), to support their decision.

Judge Cale Bradford dissented and disagreed with how the additional circumstances in Gee were used by the majority to determine intent to maintain dominion and control over the drug. He also believed that the state produced evidence that Gray was in close proximity to the marijuana and it was in plain view. That should be more than enough evidence to find she knew of the drug, he wrote.

In Allied Property and Casualty Insurance Co. v. Linda Good and Randall Good, No. 85S04-1106-CV-326, the lower appellate court was split on the definition of “ever” on a home insurance application when it came to whether the homeowners’ insurance coverage was ever “declined, cancelled, or non-renewed.”

A March 2003 fire destroyed Linda and Randall Good’s home. They sued for breach of contract after the insurer held off paying the claim because of the investigation of the fire. Allied countersued, arguing that Linda misrepresented her insurance cancellation history on its application regarding whether she ever had insurance coverage denied or cancelled. The jury awarded more than $1 million in damages to Linda, but the Court of Appeals reversed, finding Linda’s misrepresentation on the application was material.

Judge L. Mark Bailey dissented, finding the application field about past insurance cancellations was unclear as to whether “ever” included all insurance companies or just Allied.

The justices also accepted Brice Webb v. State of Indiana, No. 71S05-1106-CR-329, in which Brice Webb appealed his conviction of murder for shooting his girlfriend. In a not-for-publication decision, the Indiana Court of Appeals affirmed his conviction, finding the trial court didn’t err in refusing to instruct the jury on reckless homicide as a lesser included offense to murder; it didn’t err in allowing the state to charge Webb as an habitual offender beyond the statutory period allowed for amending charges; and it didn’t abuse its discretion in admitting the videotape of Webb’s police interview.

In addition to these cases, the justices also took Richmond State Hospital, et al. v. Paula Brattain, et al., No. 49S02-1106-CV-327.

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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