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Supreme Court grants transfer in 4 cases

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The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.

A divided appeals panel reversed conviction of the Class B felony and a 12-year prison sentence in Shawn Blount v. State of Indiana, 49A02-1304-CR-365. Blount was charged after a shooting at an Indianapolis motel. 

The majority Court of Appeals opinion by Senior Judge Carr Darden held that it was impermissible hearsay when an officer testified that a mother and son had provided a nickname that led to Blount’s arrest. Judge Margret Robb joined the majority and Judge James Kirsch dissented without opinion.

The Blount case is one of four that the Indiana Supreme Court took up for the week ending May 16.

Another criminal appeal also was added to the justices’ docket. The court will review Scott Logan v. State of Indiana, 20S05-1405-CR-339. In a memorandum decision, the Court of Appeals affirmed Logan’s Class C felony conviction of child molestation from Elkhart Superior Court. Logan claimed at the Court of Appeals that charges should have been dismissed under Indiana Criminal Rule 4(C) and that Logan was denied a speedy trial.
 
Also on the transfer list is State of Indiana v. Tammy Sue Harper, 79S02-1405-CR-334, in which justices last week affirmed a sentence reduction,  finding that a deputy prosecutor’s conduct during a hearing satisfied the statutory requirement that a prosecuting attorney consent to the reduction.

In addition, justices will hear an appeal of trial court and Court of Appeals rulings that shareholders who sued an organization’s board of directors are entitled to full access to an unredacted version of a report produced by a special litigation committee.

That case is TP Orthodontics, Inc., Christopher K. Kesling, DDS, MS, Adam Kesling, and Emily Kesling, Individually and derivatively on behalf of TP Orthodontics, Inc. v. Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001, and the Andrew C. Kesling Trust Dated March 28, 2001, 46S03-1405-MI-337.

Indiana Supreme Court transfer disposition summaries may be viewed here.
 

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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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