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Justices accept 3 cases, including environmental suit

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The Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute and a woman’s challenge to her drug charges.

The justices released their transfer list Monday, which included 21 denials for transfer. They did accept:

•    James T. Mitchell v. 10th and the Bypass, LLC, and Elway, Inc., 53S01-1303-PL-222, in which James Mitchell lost his appeal of a ruling in Monroe Circuit Court that found he had caused environmental damage while running a dry cleaning business on the same site of 10th and The Bypass LLC. The LLC sued Mitchell, and the trial court initially granted his request for partial summary judgment. It was later vacated after the LLC presented evidence from a former employee of Mitchell’s who testified to chemical spills. The Indiana Court of Appeals upheld their ruling on rehearing in December.

•    Howard Justice v. American Family Mutual Insurance Co., 49S02-1303-PL-221, in which the Court of Appeals reversed the trial court’s grant of summary judgment in favor of American Family Mutual Insurance Co. in a dispute over whether it should pay Howard Justice’s claim for underinsured motorist coverage.

•    Danielle Kelly v. State of Indiana, 30S01-1303-CR-220, in which the Court of Appeals twice upheld the denial of Danielle Kelly’s motion to suppress evidence found after the vehicle she was riding in was stopped and searched by police. She claimed on interlocutory appeal that the search violated the federal and state constitutions, as well as that statements she made to police should be suppressed. The COA granted Kelly’s petition for rehearing, but again affirmed the denial to suppress evidence.  Both decisions by the appeals court were in not-for-publication decisions.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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