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Justices take two cases

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The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.

The justices accepted Henry C. Bennett, et. al. v. John E. Richmond, et. al., No. 20A03-0906-CV-285, in which Henry C. Bennett had appealed the trial court’s motion to correct error following a jury verdict in favor of John and Jennifer Richmond.

The appeals court concluded that the trial court abused its discretion by allowing a doctor to testify that Richmond sustained a brain injury as a result of the car accident with Bennett and had remanded for a new trial.

In Keith Hoglund v. State of Indiana, No. 90A02-1005-CR-591, appellant/defendant Keith Hoglund had appealed his conviction and sentence for Class A felony child molesting, contending the trial court abused its discretion in admitting testimony regarding whether the victim was falsifying or exaggerating stories of Hoglund’s molestation of the victim. He also contended the trial court abused its discretion in sentencing him and that his 50-year sentence was inappropriately harsh.

The appeals court concluded that the serious, ongoing nature of the offense justified the 50-year sentence and that the trial court did not abuse its discretion in admitting testimony that indirectly vouched for the victim’s credibility.

The justices declined Jeff Koehlinger, et al. v. State Lottery Commission of Ind., No. 49A02-1003-CT-247, in which Jeff Koehlinger appealed summary judgment for the lottery, and the appeals court reversed and remanded, concluding that the trial court erred in granting summary judgment.

Only Justice Steven David voted to grant the petition to transfer for Koehlinger.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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