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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