ILNews

Supreme Court grants 4 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted four transfers yesterday in cases involving expungement of an arrest record, Indiana's prostitution statutes, a landlord/tenant dispute, and whether control or title is critical in determining whether the vendor in a land-sale contract owes a duty to third parties.

In State of Indiana v. Chad Arnold, No. 49A02-0610-CR-961, the Indiana Court of Appeals reversed a trial court order denying the state's motion pursuant to Indiana Trial Rule 60(B), which requested relief from the order that Indiana State Police expunge Chad Arnold's arrest record for robbery. Arnold was arrested in 1993, but in 2006, he requested his arrest record for robbery be expunged pursuant to Indiana Code Section 35-38-5-1 because the state never filed charges relating to the arrest. The appellate court remanded for a new evidentiary hearing on Arnold's request.

In Edwin Hayes Jr. v. State of Indiana, No. 15A01-0707-CR-340, the Court of Appeals reversed and remanded with instructions to vacate Edwin Hayes' conviction for promoting prostitution and to sentence Hayes on the conviction for attempted sexual misconduct with a minor, which he wasn't originally sentenced on because of double jeopardy concerns. It was a fundamental error for Hayes to be convicted pursuant a guilty plea to promoting prostitution because there wasn't sufficient factual basis. The appellate court affirmed his sentence for the convictions of child exploitation and possession of marijuana.

In Stan Klotz v. Sarah Hoyt and Chrissy Kornmann, No. 18A02-0707-CV-556, the Court of Appeals held Stan Klotz, the landlord of Sarah Hoyt and Chrissy Kornmann, complied with all relevant statutes regarding the handling of security deposits. As a result, the court reversed the dismissal of Klotz's complaint for breach of lease against Hoyt and Kornmann.

In Christine R. Scheible, as the mother of Travis David Scheible, deceased v. Fred Jackson, Ronald Smith, and Ray M. Scheible, No. 03A01-0704-CV-186, the appellate court reversed the grant of summary judgment in favor of Fred Jackson, Ronald Smith, and Ray Scheible on Christine Scheible's suit alleging Jackson and Smith exercised control of the property and owed a duty to the traveling public to maintain the property in a safe condition. Jackson owned the land the tree was on and had entered into an installment contract sale of real estate with Smith, in which Jackson retained the legal title but Smith took immediate possession of the property.

Travis Scheible was hit by a car while riding his bike on Smith and Jackson's property because his view was obstructed by leaves and branches of a tree on the property as he crossed the street. The Court of Appeals couldn't say as a matter of law that Jackson lacked a duty of care to Travis since Jackson only maintained the legal title to the property and not control over it.
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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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