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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. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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