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Monday, October 05, 2009
Ind. Decisions - Transfer list for week ending October 2, 2009
Here is the Clerk's transfer list for the week ending October 2, 2009. It is six pages long.
Four transfers was granted last week:
- Chawknee P. Caruthers v. State -- No. 46S05-0910-CR-431 - a 2-1 opinion, see ILB summary from July 15th here, 2nd case. Also July 16th entry headed "The 2008 murder conviction of Chawknee Caruthers, who was given a 100-year prison sentence, was reversed Thursday."
- Luis E. Duran v. State -- No. 45S03-0910-CR-430 - a 2-1 opinion, see ILB summary from July 23rd here, 6th case. From the dissent:
I appreciate the majority's careful attention to precedent in reaching the result it has. However, I am deeply troubled by testimony indicating that police officers believe that when the resident of a dwelling does not open a door, after having simply heard the announcement that “police” are outside, the officers may kick in that door to gain entry. My reading of the facts presented to the trial court in this case lead me to strongly believe that Duran's motion to suppress should have been granted.
- Myron M. Owens v. State -- No. 49S02-0910-CR-429 - see ILB summary from July 7th here, 4th case. A quote:
The State presented sufficient evidence to establish that Owens delivered cocaine to the C.I. and that such transaction occurred within 1,000 feet of the Daycare Center. The trial court did not err in applying the habitual offender enhancement to Owens’s sentence for dealing in cocaine.
- State v. Robert Richardson -- No. 49S02-0910-CR-428 - see ILB summary from May 22nd here, 2nd case. A quote:
Here, after the initial seatbelt stop, Officer Eastwood noticed a very large, unusual object in Richardson's pocket. We do not think it unreasonable for her to have merely asked Richardson what this object was. We therefore conclude that Officer Eastwood's inquiry regarding the large, unusual object in Richardson's pocket did not exceed the scope of police behavior permitted under the Seatbelt Enforcement Act, Article 1, Section 11, or the Fourth Amendment.
Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that. Check it out. Read the instructions. Note that the search is now current through the May 22nd list.
Over 5 1/2 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.
Posted by Marcia Oddi on October 5, 2009 01:42 PM
Posted to Indiana Transfer Lists