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Supreme Court grants 3 transfers

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The Indiana Supreme Court granted three transfers yesterday in cases involving a resisting law enforcement conviction, denial of benefits from Indiana's Second Injury Fund, and the reversal of a jury award filed by a college student cleared of rape.

In Bryan G. Mosley v. State, No. 49A02-0802-CR-188, the Indiana Court of Appeals affirmed Bryan Mosley's conviction of resisting law enforcement, finding sufficient evidence to support it. The appellate court had some concerns regarding the brief filed by Mosley's public defender and considered the brief "perfunctory" and "baseless."

In James A. Kohlmeyer v. Second Injury Fund, No. 93A02-0711-EX-1000, the Court of Appeals affirmed the Indiana Worker's Compensation Board's denial of James Kohlmeyer's petition for payments of benefits from the Second Injury Fund. At issue in the appeal was whether Social Security disability benefits count toward the threshold amount of benefits that have to be received to become eligible for benefits from the fund. The appellate court ruled the threshold requirement regarding benefits received as set out in Indiana Code must be met by only considering workers' compensation benefits.

In Susana Henri v. Stephen Curto, No. 49A02-0709-CV-777, the Indiana Court of Appeals reversed the trial court's judgment in favor of Stephen Curto. The lower court found he didn't rape Susana Henri and awarded him $45,000 on his counterclaim. An appellate court majority found the trial court engaged in ex parte communication with the jury, and the presumption of error from that communication hasn't been rebutted. As a result, the trial court abused its discretion when it denied Henri's motion to correct error. Chief Judge John Baker dissented, calling the majority's decision to reverse the jury verdict award a "radical act."

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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