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Justices accept 4 cases

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The Indiana Supreme Court has taken four cases, including one that deals with an insurance dispute over cleanup costs.

In State Automobile Mutual Insurance Co. v. Flexdar Inc., No. 49S02-1104-PL-199, the Indiana Court of Appeals affirmed summary judgment for Flexdar in State Automobile Mutual Insurance Co.’s action seeking declaration that it owed no coverage for environmental cleanup costs. The judges held State Auto’s pollution exclusion is ambiguous and unenforceable, so it didn’t preclude coverage. The Court of Appeals also concluded that Indiana Evidence Rule 407 may bar evidence of subsequent policy revisions offered to resolve ambiguity in an executed insurance contract.

In Tonya Peete v. State of Indiana, No. 49S02-1104-CR-201, the Court of Appeals affirmed Tonya Peete’s convictions of two counts of Class A misdemeanor invasion of privacy. She argued that the evidence presented at trial was insufficient to show that she knowingly or intentionally violated an ex parte protective order.

In Glenn L. Carpenter v. State of Indiana, No. 49S02-1104-CR-198, the lower appellate court affirmed Glenn Carpenter’s conviction of Class B felony unlawful possession of a firearm by a serious violent offender, his adjudication as a habitual offender, and the 40-year sentence imposed. Carpenter challenged the admission of evidence that drugs and paraphernalia were found on him and his sentence, which was enhanced by 20 years on the habitual offender count.

In Christopher Jewell v. State of Indiana, No. 32S04-1104-CR-200, the Court of Appeals affirmed Christopher Jewell’s convictions of and aggregate 40-year sentence for six counts of sexual misconduct and child molesting. He argued recorded statements admitted as evidence were procured and admitted in violation of his constitutional rights to counsel.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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