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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. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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