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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. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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