After being buoyed by a win in the trial court then sunk by a reversal from an appellate panel, a group of Indianapolis businesses that sued after a sprinkler system broke and flooded their offices will be able to float their arguments again since the Indiana Supreme Court has granted transfer of their case.
Transfers were denied in 18 other cases, although the justices split over two criminal cases which the Court of Appeals of Indiana issued as memorandum decisions.
Chief Justice Loretta Rush was the lone vote to grant transfer in Charles McCloud-Smith v. State of Indiana, 21A-CR-2607. In this case, McCloud-Smith had argued the Lake Superior Court had abused its discretion by admitting and using the probable cause affidavit at his sentencing hearing and in finding the nature and circumstance of the crime to be an aggravator. The Court of Appeals affirmed.
Rush was joined by Justice Steven David in voting to accept Troy David York v. State of Indiana, 22A-CR-477. York had appealed his sentence for Level 4 dealing in methamphetamine. However, the Court of Appeals dismissed after finding he had entered a plea agreement that include a waiver of appellate review.