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Justices grant 2 transfers

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The Indiana Supreme Court has agreed to consider cases that involve a trial court's handling of a mentally ill murder defendant, and whether the First Amendment protects a volunteer firefighter's e-mails about the township department's financial situation.

Justices granted transfer in two cases during its weekly conference on April 1, when it considered a total of 17 cases.

Gregory L. Galloway v. State of Indiana, No. 33A02-0906-CR-280, which involves a murder case out of Henry Circuit Court where the defendant claimed he should have been acquitted because of mental insanity. The Court of Appeals in January affirmed the lower court's finding that he was guilty but mentally ill for the 2007 murder of his grandmother. The appellate court found that Thompson v. State, 804 N.E. 2d 1146 (Ind. 2004), compelled it to leave the judgment in place, despite the appellate judges' sympathy for Galloway's circumstances.

Bradley J. Love v. Robert Rehfus, individually and in his capacity as fire chief of the Sugar Creek Township Fire Department, and Sugar Creek Township, No. 30A01-0905-CV-250, which involves volunteer and part-time firefighter Bradley Love's firing about an e-mail he sent out about the department's financial situation. He won his first round of appeals of the trial court's summary judgment granting in favor of fire chief Robert Rehfus and Sugar Creek Township. The trial court ruled as a matter of law that Love didn't engage in protected First Amendment activity when sending the e-mail. Using precedent from a U.S. Supreme Court ruling in 1968 and another by the Indiana Court of Appeals in 2006, the appellate court concluded the trial court erred in granting summary judgment in favor of the defendants. The court found that caselaw says if no damage is proven, then the statements may be protected even if they are false.

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  1. 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?

  2. 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.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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