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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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