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Supreme Court takes 3 cases

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The Indiana Supreme Court has granted transfer to three cases, dismissed one and declined 16 cases for the week ending Oct. 21.

In John R. Berry IV v. State of Indiana, No.49A04-1008-CR-536, the Indiana Court of Appeals reversed John Berry’s conviction of Class A felony attempted murder and remanded with instructions to find Berry not guilty by reason of insanity and for further proceedings as required by the Indiana Code. The appellate court looked at whether a person’s mental disease brought on by years of drinking could support an insanity defense. The judges concluded Berry’s psychosis was a mental defect under the law.

In Michael J. Lock v. State of Indiana, No. 35A04-1010-CR-641, Michael Lock appealed his conviction of Class D felony operating a motor vehicle while privileges are suspended. He contended the state failed to prove his 2009 Yamaha Zuma was a motor vehicle, and the appellate court agreed, reversing his conviction. The COA was split in reversing Lock’s conviction, with Judge John Baker dissenting.

The justices also accepted Otha S. Hamilton v. State of Indiana, No. 49S02-1110-CR-621 and released an opinion on the case Oct. 19.

The justices voted 3-2 to dismiss Warren L. Williams, et al. v. David Orentlicher, et al., No. 49A02-1003-PL-249, in which the COA had held that the trial court properly denied Warren Williams’ and David Frankel’s motion to compel arbitration. The appellate court ruled that the two former leaders in the Indiana State Teachers Association – who served as trustees for a legally separate insurance trust – can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts. Judge James Kirsch dissented because he believed Williams’ and Frankel’s respective ISTA responsibilities were an integral foundation for what they did as ex officio members for the trust.

Justices Frank Sullivan and Robert Rucker voted to deny petition to transfer, rather than dismiss.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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