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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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  2. 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.

  3. 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.

  4. 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.

  5. 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.

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