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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. 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.

  4. 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!!

  5. @ 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.

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