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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. 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.

  5. 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?

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