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Indiana justices accept 4 cases

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The Indiana Supreme Court took four cases last week, including two in which they released opinions the same day they granted transfer.

In a per curiam opinion issued June 20, Rondell Walker v. State of Indiana, 34S02-1206-CR-346, the justices revised Rondell Walker’s 20-year sentence to 12 years for his conviction of Class B felony possession of cocaine. Walker was within 1,000 feet of a family housing complex when he was stopped by police for a traffic infraction.

The justices also upheld Tina Whiting’s 55-year sentence for her role in a murder. They issued their decision June 19 in, Tina Whiting v. State of Indiana, 38S05-1206-CR-345, in which Whiting challenged the seating of a juror in her trial. The justices found the defense had premptory challenges available to strike the juror and failed to do so, so the court had no error to review.

The Supreme Court also took D.C. v. J.A.C., 32S04-1206-DR-349, in which the Indiana Court of Appeals reversed the grant of a father’s motion to modify custody and prevent his ex-wife from relocating; and Kimberly Heaton v. State of Indiana, 48S02-1206-CR-350, where the Court of Appeals ordered a trial court to use a probable cause standard instead of the legal standard of a preponderance of evidence to determine whether Kimberly Heaton violated her probation.

The high court declined to take 43 cases for the week ending June 25, including Jamaal Tinsley v. Nancy Parrish, 49A05-1104-CT-162, in which the Court of Appeals reversed the denial of former Indiana Pacers player Jamaal Tinsely’s motion to set aside a default judgment in favor of Nancy Parrish. Parrish sued an Indianapolis bar and three former members of the Pacers alleging that in 2007, she was injured as a result of an altercation involving the men near the coat check area of the bar, where Parrish worked.  

 

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  1. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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