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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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