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'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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