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Justices to hear convictions reversed due to prosecutor’s arguments

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The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.

Justices granted transfer in Bruce Ryan v. State of Indiana, 49S02-1311-CR-734. Ryan was convicted of two Class C felonies, but the Court of Appeals reversed and remanded for a new trial after finding that the prosecutor’s statements to the jury deprived Ryan of a fair trial.

The case was one of three granted transfer for the week ending Nov. 8. Justices also agreed to hear appeals in two insurance cases. They are:

•    Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange, 49S02-1311-PL-733. In a matter involving a hit-and-run vehicle collision, a trial court granted summary judgment to the insurer. The Court of Appeals reversed and ordered judgment in favor of the plaintiffs under an uninsured driver provision, and;

•    First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, in his official capacity, on behalf of the Indiana Department of Insurance, 49S04-1311-PL-732. A trial court denied First American’s verified petition for judicial review and declaratory relief from state agency action, but the Court of Appeals reversed, holding the insurance commissioner missed a statutory deadline, among other things.

The Supreme Court denied transfer in 22 cases.




 

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