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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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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