ILNews

Justices take 4 cases on transfer

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The Indiana Supreme Court granted transfer to four cases last week, including a case that divided the Indiana Court of Appeals over whether a drunken driving retrial was double jeopardy.

In Jeffrey A. Cleary v. State of Indiana, 45S03-1404-CR-295, a split Court of Appeals panel upheld Jeffrey Cleary’s Class B felony conviction for driving while intoxicated and his 14-year sentence handed down after a second trial. In the first trial, Cleary was convicted of misdemeanor driving while intoxicated charges but the jury deadlocked on the felony OWI causing death count. Cleary moved for a directed verdict, the trial judge ordered a new trial.

On appeal, Cleary argued that the retrial violated his double-jeopardy protections, that a blood draw used to establish his blood-alcohol content was improper and shouldn’t have been admitted, and that his sentence was inappropriate.

The majority held that had judgment been entered on the lesser convictions after Cleary’s first trial, he would be barred from being retried. But judgment wasn’t entered. Judge Terry Crone dissented, writing the court should have entered judgment after the first trial.

In Ruben Rosales v. State of Indiana, 48S02-1404-CR-297, the Court of Appeals was divided on whether jury instruction was a harmless error or gave the jurors another base for finding Ruben Rosales guilty of attempted murder. At trial, the jury was instructed on the requirements for attempted murder as well as accomplice liability.

Crone dissented in this case, arguing the jury instruction was a fundamental error because only the final instructions to the jury mention accomplice liability, giving the jurors two distinct avenues for finding Rosales guilty.

In Old National Bancorp d/b/a Old National Trust Company, as Trustee of the Percy E. Goodrich Trust and the Hanover College Trust v. Hanover College, 68S05-1404-TR-296, the Court of Appeals dismissed Old National Bancorp’s appeal of the termination for two trusts for which it served as representative. The judges held the bank’s representative capacity was terminated once the trusts were terminated.

The justices also took Edward Lee Matthys v. State of Indiana (NFP), in which the appeals court affirmed the termination from a county re-entry court program and Matthys’ placement in the Department of Correction.

The justices declined transfer for 18 cases, including Rick Deeter v. Indiana Farmers Mutual Insurance Co., in which Rick Deeter sought to recover insurance proceeds after his wife intentionally burned down their home.

 

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  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

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