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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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