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Supreme Court denies transfer to four

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The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline, the court had not yet posted transfers since those from the week ending June 4.

The court denied transfer to the following cases:

James Henley v. State of Indiana, No. 49A02-0908-CR-711, a not-for-publication opinion that affirmed Henley’s conviction of intimidation and sentence, which was enhanced by a habitual offender finding.

David Burks-Bey v. State of Indiana, No. 49A02-0903-PC-231, a not-for-publication opinion that affirmed a denial of motion to correct an erroneous sentence.

Gideon Samid v. Virginia Spencer, No. 06A01-0901-CV-45, a not-for-publication opinion that affirmed the trial court’s denial of Samid’s motion to correct error and remanded for determination of Spencer’s appellate attorneys’ fees in a case involving a protective order.

Robert L. Scott v. State of Indiana, No. 79A05-0812-CR-746, a for-publication case that considered Scott’s convictions of two counts of Class B felony possession of a firearm by a serious violent felon; one count of Class C felony battery with a deadly weapon; one count of Class D felony of pointing a firearm; and one count of Class A misdemeanor resisting law enforcement. In this case, the Court of Appeals affirmed the trial court’s handling of the case regarding its discretion in admitting evidence obtained from Scott’s residence and in admitting certain evidence in its determination that Scott was a serious violent felon. But the Court of Appeals reversed that decision regarding the trial court’s refusal to give a tendered instruction as to whether a gun in question was loaded.
 

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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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