Monday, November 22, 2010
Ind. Decisions - Transfer list for week ending November 19, 2010
Here is the Clerk's transfer list for the week ending November 19, 2010. It is one page (and 9 cases) long.
On the list is Susanne C. Gaudin, et al. v. J.W. Austin, et al., the Brown County Fire District case where the CJ recused and the remaining justices split 2-2, meaning that " the Court of Appeals' decision is now reinstated as Court of Appeals precedent." See ILB discussion here, from Nov. 17th.
One transfer was granted for the week ending Nov. 19, 2010:
- Edwin G. Buss, et al. v. Michael L. Harris - see ILB summary of COA May 17, 2010 opinion here - 3rd case. From the opinion:
We hold that the trial court did not err by finding and concluding that the DOC and Buss were not authorized by statute to make a determination of and change to Harris’s status on the sex offender registry. We also reject the State’s argument that Harris’s status was changed by operation of law under Indiana Code section 35-38-1-7.5(b) and note that the Supreme Court’s decision in Jones [ILB - Jones v. State, 885 N.E.2d 1286 (Ind. 2008)] supports our conclusion. We also hold that the trial court correctly determined that Harris’s reporting obligation was for ten years and not a lifelong reporting obligation, as the change to the duration of Harris’s reporting obligation would have occurred only by a finding and conclusion that his status had changed. Again, Jones is helpful in reaching that conclusion.
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 October 8, 2010 list.
Over 6.5 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.
Posted by Marcia Oddi on November 22, 2010 08:07 AM
Posted to Indiana Transfer Lists