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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. 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.

  3. 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.

  4. 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)

  5. 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)

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