ILNews

Supreme Court arguments Wednesday

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court will have a busy Wednesday morning as it hears arguments scheduled for three cases on appeal.

First up is Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes petitioned the Supreme Court to accept jurisdiction over his appeal. The Worker's Compensation Board denied Mayes' disability benefits from the Second Injury Fund, ruling Mayes' settlement of his claim against third-party tortfeasors precluded those benefits from the fund. The Court of Appeals affirmed finding Mayes failed to prove he was entitled to compensation from the fund.

Next up is Technisand, Inc. v. Jessie Melton, No. 30A01-0608-CV-334, in which the Supreme Court is asked to decide whether the statute of limitations was applicable in claims against Technisand. In the not-for-publication opinion, the Court of Appeals affirmed the trial court's denial of summary judgment for Technisand in a complaint against the company filed by Patty Melton's husband. Patty died of leukemia and her husband filed the complaint, alleging chemicals manufactured and sold by Technisand that were present in Patty's workplace caused or contributed to her death. The Court of Appeals held that although the statute of limitations had run out with respect to a wrongful death claim against Technisand, the claim was timely filed against the company with respect to the Products Liability Act.

Finally, the high court will hear arguments in Darrel Maymon v. State of Indiana, No. 48A02-0611-PC-1060. Maymon was convicted on four counts of burglary in one trial and petitioned for post-conviction relief, claiming his trial counsel rendered ineffective assistance by not seeking severance of the charges. Madison Superior Court denied relief, but the Court of Appeals reversed Maymon's two convictions of Class A felony burglary and remanded for retrial on the two Class B felony counts of burglary.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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