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Justices add 4 cases

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A long-running dispute between the owners and former owners of a home with electrical and structural issues will return to the Indiana Supreme Court, one of four cases justices added last week.

Justices agreed to review the issue of whether plaintiffs who won a fraudulent misrepresentation judgment against former homeowners may be entitled to attorney fees and other costs under the Indiana Crime Victims Relief Act.

The Court of Appeals affirmed a Lake Superior ruling that the plaintiffs were not entitled to recover fees under the Act. The case is Joseph and M. Carmen Wysocki v. Barbara A. and William T. Johnson, both individually and as Trustees of the Barbara A. Johnson Living Trust, 45S03-1407-CT-459.

Justices also added two criminal cases decided in memorandum decisions by the Court of Appeals.

In Daniel Lee Pierce v. State of Indiana, 78S05-1407-CR-460, an appeals panel reversed multiple child molesting convictions and remanded for a new trial in Switzerland Circuit Court. The panel ruled the trial court abused its discretion by denying Daniel Lee Pierce’s motion to sever the charges against him.

In John Orville Study v. State of Indiana,  06S04-1407-CR-461, the Court of Appeals affirmed convictions of four counts of Class B felony robbery, six counts of Class D felony confinement, and one Class D felony count each of resisting law enforcement and auto theft. John Orville Study also argues the court erred in denying his request to sever charges and contests the admission of certain evidence.

The transfer list also includes a case in which justices rendered an opinion Friday, vacating the termination of parental rights for a mother who was in jail. That case is In re the Involuntary Termination of the Parent-Child Relationship of K.W., a Minor Child, and His Mother, C.C. K.W. v. Indiana Department of Child Services and Child Advocates, Inc., 49S02-1407-JT-458.

Justices denied transfer in 23 cases. Supreme Court transfer dispositions may be viewed here.

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  1. 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?

  2. 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?

  3. 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.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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