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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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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