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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. 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.

  2. 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?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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