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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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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