Sunday, April 10, 2011
Ind. Decisions - Transfer list for week ending April 8 2011
Here is the Clerk's transfer list for the week ending April 8, 2011. It is three pages (and 37 cases) long.
Four petitions to transfer were granted:
- State Automobile Mutual Insurance Company v. Flexdar, Inc. - a Nov. 22, 2010 COA opinion that held: "We conclude, pursuant to the last fourteen years of precedent, that State Auto's absolute pollution exclusion is ambiguous, must be construed in favor of the insured, and therefore will not operate to preclude coverage in connection with Flexdar's TCE leakage. Under Kiger and its progeny—and consistent with the above-quoted 1997 executive veto—an insurance policy must be specific if it wishes to except from coverage claims relating a particular alleged contaminant. It is within the province only of our Supreme Court to decide otherwise."
- Christopher Jewell v. State of Indiana - a Dec. 30, 2010 COA opinion [5th case]: "We conclude that Jewell’s statements were not obtained unconstitutionally. The right to counsel is offense-specific and attaches only after adversarial judicial proceedings have commenced. Although Jewell had been charged and had hired counsel in an unrelated case, he had not been charged with the present crimes when the subject phone calls took place. Accordingly, Jewell’s right to counsel for this proceeding had not attached, and the investigatory phone calls were permissible. We also find that Jewell’s aggregate sentence is not inappropriate in light of the nature of his offenses or his character. We affirm the judgment and sentence of the trial court."
- Glenn L. Carpenter v. State of Indiana (NFP) - is a 2-1, Jan. 12, 2011 opinion where the dissent concludes: "I do not believe the maximum punishment of twenty years in prison, which was enhanced by another twenty years in prison, fits the crime and would reverse and remand with instructions to impose a sentence of the advisory term of ten years enhanced by ten years for being an habitual offender."
- Tonya M. Peete v. State of Indiana (NFP) is a Nov. 24, 2010 opinion that concluded: "We conclude that the evidence presented at trial was sufficient to support the trial court's determination that Peete was indeed served with the ex parte protection order and therefore twice intentionally or knowingly violated it by contacting Watson."
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 January 11, 2011 list.
The ILB archive now contains seven 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 April 10, 2011 01:45 PM
Posted to Indiana Transfer Lists