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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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