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Friday, April 25, 2008

Ind. Decisions - Court grants transfer in three cases

The formal transfer list will follow later today, but the ILB has received notice that three cases have been granted transfer:

Michael Hill v. State of Indiana - an Oct. 23, 2007 NFP opinion, which concluded:

Based on the foregoing, we conclude that (1) the trial court did not err by permitting the State to amend the charging Information by adding Count III, attempted sexual misconduct with a minor, after the omnibus date; and (2) the State did not present sufficient evidence to convict Hill of attempted sexual misconduct with a minor. As a result we remand to the trial court to vacate Hill’s conviction for Count III, attempted sexual misconduct with a minor. Reversed and remanded with instructions.

State v. Raymond Washington, an Oct. 22, 2007 2-1 opinion: "The sole restated issue is whether, when a person is stopped for a traffic infraction and there are no indicia of criminal activity, the police officer violates Article 1, Section 11 of the Indiana Constitution against unreasonable searches and seizures when he asks the individual if he is in possession of drugs. We affirm."

John Roberts, MD v. Community Hospitals of Indiana., Inc. - a Dec. 12, 2007 14-page opinion that concluded: "For the foregoing reasons, we conclude that Roberts has been prejudiced by the trial court’s failure to provide clear and unambiguous notice prior to consolidation of the preliminary injunction hearing with the trial on the merits and remand for further proceedings. Reversed and remanded."

Posted by Marcia Oddi on April 25, 2008 01:04 PM
Posted to Indiana Transfer Lists