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Justices take 4 cases

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The Indiana Supreme Court has accepted four cases on transfer.

A transfer disposition list issued by the Indiana Appellate Clerk’s Office on Monday shows the state justices at their weekly conference on Thursday declined 24 cases, and granted transfer in four.

In James C. Purcell v. Old National Bank, No. 49S02-1201-CT-4, the justices will hear a civil tort case involving a negligence and construction fraud claim by a subordinate creditor. The appellate court found the trial court did not abuse its discretion when granting judgment on the evidence in favor of Old National Bank regarding James Purcell’s negligence and constructive fraud claims, because the bank didn’t owe him any duty as a subordinate creditor. But the appellate judges also found the trial court abused its discretion in granting judgment on claims involving actual fraud, pecuniary damages from deception and tortious interference with contract claims.

The justices accepted Anthony H. Dye v State of Indiana, No. 20S04-1201-CR-5, after the Court of Appeals in November affirmed a 30-year sentence for a defendant determined to be a habitual offender. The appellate court examined the issue about the two convictions arising out of the same res gestae, and they held that the sentence increase didn’t constitute an impermissible double enhancement. Judge Melissa May dissented.

In State v. Steven Hollin, No. 69S05-1201-PC-6, the justices accepted a post-conviction case the Court of Appeals reversed in an unpublished memorandum opinion. The intermediate appellate panel overturned the trial court’s grant of Hollin’s petition. The trial judge had determined Hollin was deprived of effective assistance of trial counsel and the prosecutor engaged in trial misconduct.

In Jacqueline Wisner, M.D. and the South Bend Clinic LLP v. Archie L. Laney, No. 71S03-1201-CT-7, the justices took the civil tort that involved Archie Laney’s attorney conduct at trial. The appellate panel found the trial court didn’t abuse its discretion in determining Laney’s attorney’s actions did not deprive the defendants of a fair trial or in concluding that the trial court instructions were sufficient to dispel any confusion that may have been caused by Laney’s counsel’s final argument. The trial court didn’t err in finding that no impropriety occurred when a witness spoke to other witnesses before trial. But the court reversed on the issue of prejudgment interest and remanded for further proceedings.

 

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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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