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Justices accept 2 cases, decline feticide case

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The Indiana Supreme Court has taken two cases and declined to accept more than two dozen petitions seeking transfer.

During its private conference on Oct. 13, the state’s justices granted transfer petitions in the cases of Reginald N. Person Jr. v. Carol A. Shipley, No. 20S03-1110-CT-609, and John Witt, et al. v. Jay Petroleum, Nos. 38S02-1110-CV-608.

In Person, the Court of Appeals in May reversed a civil jury verdict in favor of Shipley and remanded for future proceedings. The case involved a 2004 Elkhart County accident. Person, the driver of an 18-wheeler semi tractor, sued Shipley, the driver of a sedan, after Shipley fell asleep at the wheel and her smaller car rear-ended his truck and resulted in his injuries. The jury found in favor of Shipley and awarded no damages, and the 2010 trial led to appellate issues about what expert witness testimony should be allowed. The appellate court found that the trial court abused its discretion in admitting the prejudicial expert testimony.

In Witt, the courts are analyzing a case involving underground storage tanks that were located on a former gas station lot in Portland, Ind., and led to environmental concerns and litigation. The appellate court found that the trial court erred when it held the appellants in contempt of court, both because a temporary restraining order was improvidently granted and because the appellants’ conduct during a June 2008 hearing didn’t constitute a willful violation of the terms of the order.

The justices denied the remaining 28 cases, including the case of Brian Kendrick v. State of Indiana, No. 49A02-1003-CR-300, which involves the man who shot a pregnant teller during a bank robbery in Indianapolis in 2008. That shooting led to the death of her twins, one being stillborn. The appellate court earlier this year vacated Kendrick’s two felony feticide convictions because of double jeopardy violations. The judges remanded for resentencing, noting the trial court can now consider Katherine Shuffield’s pregnancy and termination of it in crafting Kendrick’s sentence for attempted murder, as long as the aggregate sentence is not more than 53 years. Chief Justice Randall T. Shepard and Justice Steven David voted to grant transfer, but the three other justices denied the request.

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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