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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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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