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Supreme Court accepts 2 cases

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The justices of the Indiana Supreme Court have granted transfer to a case involving a Batson challenge and another involving early retirement benefits.

In Jerrme Cartwright v. State of Indiana, No. 82S01-1109-CR-564, Jerrme Cartwright, who faced charges stemming from a fight at an American Legion in Evansville, challenged the removal of the only African-American from the jury. The majority on the Indiana Court of Appeals reversed his convictions because based on the record, they couldn’t determine which one of the state’s proffered explanations the trial court relied on to deny Cartwright’s Batson challenge.

Judge Nancy Vaidik dissented, believing the appellate court should give more deference to the trial court’s decision, and the state’s justifications for striking the juror were supported by the record.

In C.G. LLC v. Review Board of the Indiana Department of Workforce Development, No. 93S02-1109-EX-565, the Court of Appeals was divided on whether early retirees could continue to receive unemployment assistance. The review board determined that all employees – those who’d been on indefinite layoff when joining the early retirement program and those who were on temporary layoff or were actively working at the time – could receive benefits. The majority reversed, deciding that the workers didn’t have good cause to voluntarily leave their employment because there weren’t specific threats or plans of future plant closing or layoffs.

The employees who left due to risk of possible future changes at the company, but not due to direct threat of layoff weren’t entitled to benefits, the majority held. Judge James Kirsch dissented, believing that decision goes against legislative directive and ignores what many face in this economy.

The justices denied transfer to 23 other cases for the week ending Sept. 16.

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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