Indiana Supreme Court accepts 3 cases

The Indiana Supreme Court granted transfer to three cases out of 13 this week and denied one by a 3-2 vote.

The court granted transfer and decided D.C., et al v. S.B. et al., 65S04-1604-MI-180, in which the justices ruled an aunt and uncle could file a custody request in the same court at the same time a CHINS case was going on, but the CHINS proceedings had to be finished first.

The court also granted transfer to State of Indiana v. Frank Hancock, 39S05-1604-CR-182, in which the Indiana Court of Appeals affirmed dismissal of two Level 4 felony possession of a firearm by a serious violent felon charges because the elements of the Ohio residential burglary statute are different than Indiana’s.

Finally, the court granted transfer to D.A. v. State of Indiana, 48S02-1604-MI-183, in which a man’s civil forfeiture action that stemmed from a drug bust was expunged along with his criminal record. The Court of Appeals was divided on the issue, with Judge Michael Barnes dissenting.

The court declined every other case unanimously but one, Jason J. Maraman v. City of Carmel, 39A05-1504-OV-145. In that case, a speeding ticket against Jason Maraman was dismissed because a Carmel city ordinance regarding traffic regulations was merely a duplicate of already existing state law.

Find the transfer list here.

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