ILNews

Supreme Court accepts 4 cases

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court has granted transfer in four cases.

Justices heard arguments Tuesday morning in Philip Littler v. State, 71A03-0510-CR-509, and granted transfer later that day. The case is a murder conviction appeal involving whether the trial court abused discretion in excluding certain testimony from the victim ;s mother, properly allowed the state to add a murder charge after the omnibus date, and whether sufficient evidence was provided to support the charge. The Court of Appeals had affirmed the lower court ;s rulings in a memorandum opinion in December.

In Idan Filip v. Carrie Block, No. 75A05-0601-CV-10, the Court of Appeals in December issued a decision reversing and remanding a case involving a couple ;s insurance policy at issue in a 2003 fire loss. The lower appellate court had determined the negligence action was brought within a two-year statute of limitations and that an issue of material fact existed as to how much the couple relied on insurance agent Carrie Block ;s advice in procuring the insurance coverage, and her subsequent failure to notify them the acquired coverage was inadequate.

A third case transferred is Linda Keesling v. Frederick Beegle, 18A04-0501-CV-10, which the Court of Appeals in December affirmed and reversed in part. The case involves fraud, theft, conversion, racketeering, and securities claims relating to the selling of telephone systems, including payphones.

The justices also granted transfer in Michael Robertson v. State of Indiana , 49A05-0512-CR-731, which comes from a January Court of Appeals decision stemming from a felony theft case. The appellate court affirmed that evidence was sufficient for the conviction, but that the enhanced and consecutive sentence was incorrect and instructed the court to revise the sentence from two years to the advisory 1 ½ years.

 
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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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