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Justices take 6 cases, reject 26

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The Indiana Supreme Court granted transfer in six of 32 cases reviewed in the week ending Dec. 14, according to the transfer disposition list posted Monday on the court website. 

Among the cases the court will hear is Mary Elizabeth Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, individually, and d/b/a Super 8 Motel, 49S04-1212-CT-667. The case dates to a 2005 murder of a hotel guest by a former employee who gained entry to the guest’s room with a keycard he retained after he left employment.

The Court of Appeals reversed and remanded to the Marion Superior Court an award in excess of $2 million to the estate for a new trial. Questions arising on the appeal, in which both the Defense Trial Counsel of Indiana and the Indiana Trial Lawyers Association filed amicus briefs, include whether the state’s Comparative Fault Act abrogates the common law very duty doctrine and whether a jury should have been allowed to allocate fault to the victim.

Also on the transfer docket was Cory Heinzman v. State of Indiana, 29S02-1212-CR-678, in which justices remanded for re-entry of a sentence for Cory Heinzman, a former child protective services caseworker in Hamilton County convicted of multiple charges of official misconduct and sex offenses against minors. 

Also granted transfer were:

  • State of Indiana v. Russell Oney, 49S05-1212-CR-668
  • Jamar Washington v. State of Indiana, 49S02-1212-CR-669
  • Andrew Humphreys v. State of Indiana, 79S04-1212-CR-670
  • Hassan Alsheik v. Alice Guerrero, Individually and as Administratrix of the Estate of I.A., Deceased, 45S04-1212-CT-675, one of four opinions issued Dec. 12 regarding prejudgment interest. 



 


 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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