Justices to hear arguments in 5 cases, decline nearly 40 others

Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.

Members of the high court first invited oral argument in the case of Alain Kiiwon Powell Jr. v. State of Indiana, 19S-CR-527, in which the Indiana Court of Appeals vacated one of Alain Powell’s two attempted murder convictions on double jeopardy grounds.

The court also agreed to hear Derek Heuring v. State of Indiana, 19S-CR-528, where the lower appellate court affirmed the denial of Derek Huering’s motion to suppress evidence discovered during the execution of multiple search warrants. Those searches procured drugs, paraphernalia and a GPS tracking device that law enforcement had previously put on Heuring’s car.

Justices additionally granted transfer in the case of Damian Justin Harris v. State of Indiana, 19S-PC-529, agreeing to consider Damian Harris’ denied petition for post-conviction relief from his maximum 65-year sentence for murder. The Court of Appeals rejected Harris’ claim of ineffective assistance of trial counsel.

In Dean Blair and Paula Blair v. EMC Mortgage, LLC, 19S-MF-530, which was also granted transfer, the COA reversed a lower court’s decision, finding instead that EMC Mortgage LLC was unreasonably delayed in accelerating Dean and Paula Blair’s $110,300 promissory note secured by a mortgage on two Evansville properties. By failing to make demand within a reasonable time, EMC’s rights were found to be time-barred.

Finally, the high court agreed to hear Collins Asset Group, LLC v. Alkhemer Alialy, 19S-CC-531. On a limited rehearing, the COA reaffirmed the dismissal of a complaint brought by Collins Asset Group LLC against Alkhemer Alialy, who defaulted on payments on a $60,000 promissory note. The lower appellate court initially concluded the complaint was time-barred and on rehearing determined Alialy was not given sufficient notice of CAG’s argument under Indiana Code § 26-1-3.1-118.

The Supreme Court rejected 38 of the 43 cases that came before it for review last week. The full list of transfer for the week ending Sept. 27 can be found here. 

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