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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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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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