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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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