Tuesday, December 09, 2008
Ind. Decisions - Transfer list for week ending Dec. 5, 2008
Here is the transfer list for the week ending Dec. 5, 2008. It is four pages long.
(Although the ILB just received the list a few moments ago, it looks like it was emailed yesterday at 1:54 PM and was lost in cyberspace during the interim.)
Two transfers were granted last week:
Robert Rovai v. Ann Marie Rovai - see the ILB summary of the August 4th opinion here - 2nd case. Deals with distribution of the marital assets and liabilities
Christopher Bailey v. State of Indiana - see the ILB summary of the Sept. 19th opinion here - 3rd case:
Bailey notes “the State presented no evidence that Bailey had an opportunity to stop walking or change the direction of his path in order to avoid making contact with Brewer’s outstretched arm.” Without knowing the amount of space between Brewer and Bailey when Brewer put her arm up, we cannot infer Bailey walked with awareness “of a high probability” that he was going to bump into Brewer’s outstretched arm. Accordingly, we reverse this conviction. * * *Over 4.5 years of Transfer Lists: For other weekly transfer lists (going back to Feb. 2, 2004), check "Indiana Transfer Lists" under "Categories" below, or in the right column.
Because Bailey’s behavior was not “tumultuous,” we reverse his conviction of disorderly conduct.
Posted by Marcia Oddi on December 9, 2008 08:12 AM
Posted to Indiana Transfer Lists