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Indiana Supreme Court takes 9 cases

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The Indiana Supreme Court granted transfer to nine cases – six of them criminal – and denied transfer to 30 for the week ending June 8.

The appeals include two that divided Court of Appeals panels: Margaret Kosarko v. William A. Padula, Administrator of the Estate of Daniel L. Herndobler, Deceased, No. 64S05-1206-CT-305, and Todd J. Crider v. State of Indiana, No. 91S05-1206-CR-306.

In Kosarko, the appellate panel was divided over whether prejudgment interest should be paid to a car crash victim who was awarded $210,000 in a jury trial.

In Crider, the judges were divided over whether a man could challenge his sentence after pleading guilty in White Superior Court to a Class D felony charge of theft and to being a habitual offender.

Also taken for review were:

•    Andre Gonzalez v. State of Indiana, No. 45S03-1206-CR-307, in which the appeals court reversed the denial of Andre Gonzalez’s petition to remove his lifetime sex offender designation.

•    Felix C. Sickels v. State of Indiana, No. 20S03-1206-CR-308, in which a panel affirmed in part and reversed in part and remanded a man’s conviction of three counts of nonsupport of a dependent child.

The court also granted transfer then remanded to the Court of Appeals Lawrence Ray Holley, II v. State of Indiana, No. 79S02-1206-PC-320, and vacated that court’s not-for-publication decision. In that case, the appeals court affirmed the denial of Lawrence Holley’s petition for post-conviction relief. On rehearing, the judges affirmed that decision and expanded upon the “mailbox rule.”

Other cases granted transfer are: Roger L. Bushorn v. State of Indiana, No. 40S01-1206-CR-309; Curtis A. Bethea v. State of Indiana, No. 18S05-1206-PC-304; Commissioner of the Indiana Department of Insurance v. Tim Black, as Husband and Personal Representative of Kay Black, Deceased, No. 64S05-1206-CT-305; and Holiday Hospitality Franchising, Inc. v. Amco Insurance Co., No. 33S01-1206-CT-312.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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