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Justices take 2 cases

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The Indiana Supreme Court has accepted the case in which the Indiana Court of Appeals split in reversing a man’s Class A felony attempted murder conviction.

The justices took Tyrus D. Coleman v. State of Indiana, No. 20S03-1008-CR-458, in which the majority ruled the doctrine of issue preclusion barred the state from re-litgating the issue of whether Tyrus Coleman’s actions against Anthony Dye constituted attempted murder. Coleman shot Dye twice during a confrontation at a recording studio.

The majority reversed the denial of Coleman’s motion to dismiss his attempted murder charge by reason of collateral estoppel. The jury wasn’t able to reach a verdict as to his attempted murder charge and another trial on that charge was scheduled.

Judge Carr Darden dissented, disagreeing that issue preclusion applies to the instant case. He concluded the trial court didn’t abuse its discretion in allowing Coleman to be re-tried for attempted murder.

The justices issued an order Monday accepting transfer in the case Lamar Advertising Inc. v. View Outdoor Advertising LLC and State of Indiana, Dept. of Transportation, No. 49S05-1008-CV-459. They summarily affirmed the Court of Appeals’ decision instructing the Indiana Department of Transportation to allow the parties to file new applications for a billboard permit and the lower court’s interpretation of an administrative rule as requiring INDOT to grant the first valid application it receives.

The Supreme Court also ordered INDOT to treat as concurrently filed any billboard permit application it gets from the parties within three business days of the date on which the Clerk certifies this order as final.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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