ILNews

Supreme Court grants 3 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer Thursday to three cases that involve amending charging information after the omnibus date, police questioning about drugs during a routine traffic stop, and consolidating a preliminary injunction hearing with a trial on the merits without notice.

In Michael Hill v. State of Indiana, No.49A02-0701-CR-110, the appellate court affirmed the trial court didn't err by allowing the state to amend the charging information to add the attempted sexual misconduct with a minor charge after the omnibus date. The Indiana Court of Appeals reversed Hill's conviction on the count and remanded for the trial court to vacate the conviction because the state didn't present sufficient evidence to convict Hill on the charge.

In State of Indiana v. Raymond L. Washington Jr., No. 02A03-0703-CR-124, the appellate court affirmed the trial court's order granting Washington's motion to suppress marijuana seized from his pocket during a traffic stop. The Court of Appeals addressed the propriety of the common practice of police officers asking a person if he or she has any drugs during an otherwise routine traffic stop and decided that the police officer's question of whether Washington had any drugs on him was unreasonable under Article 1, Section 11 of the Indiana Constitution.

In John C. Roberts, M.D. v. Community Hospitals of Indiana, Inc., No. 49A02-0701-CV-17, the Court of Appeals reversed the trial court's award of judgment in favor of Community Hospitals. The court determined Roberts was prejudiced by the consolidation of the preliminary injunction hearing with a trial on the merits without giving Roberts prior notice and remanded to the trial court to determine sufficiency of evidence to support the judgment in favor of Community Hospitals. Roberts had filed a preliminary injunction and temporary restraining order against Community Hospitals after he was terminated from a residency program for his history of unprofessional behavior.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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