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Justices grant one transfer petition, deny 23

October 23, 2018

The Indiana Supreme Court granted transfer to one case out of 24 last week and denied two petitions by 3-2 votes.    

Justices granted transfer to In the Matter of the Unsupervised Estate of Orlando C. Lewis, Jr., Orlando Lewis, Sr. v. Shana Toliver and Kathy Calloway41A01-1712-EU-2893, in which the Indiana Court of Appeals affirmed the replacement of Orlando Lewis Sr. as special administrator to his deceased son’s estate with the guardians of the deceased’s children as special co-personal representatives for the wrongful death action on behalf of the estate.

In that case, the appellate court found that the trial court’s reconsideration of Lewis, Sr., was not an abuse of discretion because it was not a removal subject to the Removal Statute.

The court declined every other case unanimously but two, including D.M. v. State of Indiana, 49A02-1711-JV-2708 and Jessica Sue Pichon v. State of Indiana, 18A-CR-396.

In the first case, 17-year-old D.M. was adjudicated as a juvenile delinquent and failed to convince the Indiana Court of Appeals to overturn the Indiana Department of Correction’s wardship over him after failing to prove the case’s disposition constituted fundamental error. Chief Justice Loretta Rush and Justice Geoffrey Slaughter voted in the minority and would have granted transfer.

In the second case, the appellate court affirmed Jessica Pichon’s 15-year sentence for her convictions of Level 5 and Level 3 felony resisting law enforcement. The Court of Appeals found that although the trial court did not issue a “reasonably detailed recitation” of its reasoning for imposing Pichon’s sentences, the error was harmless. Rush and Justice Christopher Goff would have granted transfer in this case.

The transfer list for the week ending Oct. 19 can be found here.

 

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