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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v. Steven Hollin, No. 69S05-1201-PC-6, the justices accepted a post-conviction case the Court of Appeals reversed in an unpublished memorandum opinion.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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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