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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