Monday, January 07, 2013
Ind. Decisions - Transfer list for week ending Jan. 4, 2012
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Here is the Clerk's transfer list for the week ending Friday, Jan. 4, 2012. It is one page (and 26 cases) long.
Four transfers were granted last week:
- Veolia Water Indianapolis LLC, City of Indianapolis Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc. d/b/a Texas Roadhouse - From the Aug. 3, 2012 opinion: "We conclude that both the City and Veolia are entitled to common law immunity, because the common law rule turns on the purpose for which the water is being used, not the underlying cause of the lack of water. We further conclude that the explicit language of the City's contract with Veolia disavows any intent to create third-party beneficiaries. Therefore, we reverse."
- Andrew McWhorter v. State of Indiana - From the July 12, 2012 opinion: "Conclusion. McWhorter has established that he was denied the effective assistance of trial counsel. Accordingly, we reverse the denial of post-conviction relief. McWhorter may be retried on the charge of Reckless Homicide."
- Ronald G. Becker v. State of Indiana - This was a June 14, 2012 NFP opinion where the issue was "whether he, by operation of law, is a SVP and thus required to comply with statutory requirements applicable to a SVP." The COA afffirmed.
- Kevin Clark v. State of Indiana - This is an Oct. 31, 2012 COA opinion where the court concluded:
The trial court did not abuse its discretion in admitting the evidence gleaned from the search of Clark’s bag and car because the officers had reasonable suspicion to stop Clark and search Clark’s bag after he admitted it contained marijuana. Nor did the trial court abuse its discretion when it allowed Trooper Shortt to testify over Clark’s objection because her testimony was opinion testimony of a lay witness based on her experience, and not expert testimony. Accordingly, we affirm.
Posted by Marcia Oddi on January 7, 2013 01:30 PM
Posted to Indiana Transfer Lists