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Justices take 3 cases

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The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.

The justices granted Michael and Denita Lyons’ request for the transfer in Michael E. Lyons, Denita L. Lyons, individually and as Co-Personal Representatives of the Estate of Megan Renee Lyons, Deceased v. Richmond Community School Corp. d/b/a Richmond High School; Joe Spicer; et al., 89S04-1312-PL-788. They sued Richmond Community School Corporation under the Indiana Tort Claims Act and 42 U.S.C. Section 1983, alleging the school’s acts or omissions caused their 17-year-old daughter’s death.

The Indiana Court of Appeals found there to be a genuine issue of material fact as to whether the parents complied with the ITCA notice provision when they filed their lawsuit.

The justices will also hear:
•    Detona Sargent and One 1996 Buick, VIN 1G4AG55M3T6449095 v. State of Indiana, the Consolidated City of Indianapolis/Marion County, and the Indianapolis Metropolitan Police Department, 49S02-1312-MI-790. The Court of Appeals ruled Detona Sargent, A Wal-Mart worker who tried to steal four iPhones from the store at the end of her shift, has no protection from forfeiture laws that allowed the state to take her car. The judges ruled her intent to use the car to transport stolen property was sufficient cause for forfeiture.
•    Keion Gaddie v. State of Indiana, 49S02-1312-CR-789. The Court of Appeals reversed Keion Gaddie’s Class A misdemeanor conviction of resisting law enforcement after finding he was under no duty to stop when the officer ordered Gaddie to do so. The judges also ruled police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify the seizure of Gaddie.

The justices denied transfer to 29 cases for the week ending Dec. 6. The complete list is available on the court’s website.
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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