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Monday, August 19, 2013
Ind. Decisions - Transfer list for week ending August 16, 2013
[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the April 12, 2013 list.]
Here is the Clerk's transfer list for the week ending Friday, August 16, 2013. It is two pages (and 30 cases) long.
Seven cases were granted transfer last week:
- In Re: The Adoption of: T.L. and T.L.; M.G. v. R.J. and E.J. - There appear to be no online documents but a check of the docket shows that COA granted appellees' motion to dismiss on Jan. 22, 2013, and the same panel (Baker, Bailey, Shepard) denied the motion for rehearing on April 23rd. Transmitted on transfer June 25th and transfer granted on Aug. 15th.
- Clark County Board of Aviation Commissioners v. Dennis Dreyer and Margo Dreyer as Co-Personal Representatives of the Estate of Margaret A. Dreyer - See this April 1, 2013 post for background, quoting a LCJ story: "The COA has upheld a ruling against Clark County, which was ordered to pay $865,000 for property taken by eminent domain for an airport expansion project."
- Fayette County Board of Commissioners v. Howard Price - This 4/1/13 opinion was initially issued as NFP, and was reclassified on 5/17/13. The issue: "Whether the Board’s decision not to reappoint Price as Director of Highway Operations was a quasi-judicial decision, which is appealable to the Circuit Court pursuant to IC 36-2-2-27." The COA concluded :the trial court did not err in denying the Board’s motion for summary judgment."
- South Shore Baseball, LLC, d/b/a Gary South Shore Railcats, and Northwest Sports Venture, LLC v. Juanita DeJesus is a Feb. 15, 2013 opinion where the COA reversed the trial court - hre is Dan Carden's NWI Times story from yesterday re whether "a fan struck by a foul ball at a RailCats game can sue the team for injuries she suffered."
- Victor Ponce v. State of Indiana - This is another COA NFP opinion, issued 3/7/13, but then reclassified as FP on 5/10/13. In this case the COA affirmed a trial court ruling denying post-conviction relief.
- Bobby Alexander v. State of Indiana - This was a May 10th COA opinion where the issue was "Whether this appeal should be dismissed because the [restitution] order from which Alexander is attempting to appeal is not a final judgment."
- Martin Meehan v. State of Indiana - This was an Arpil 25th COA opinion concluding: "In many cases, DNA is compelling evidence of identity. In this case, however, there was no evidence that would support an inference that Meehan’s DNA was found on the glove because he handled it during the burglary, as opposed to some other time. Therefore, the guilty verdict was based on speculation and must be reversed."
Posted by Marcia Oddi on August 19, 2013 11:20 AM
Posted to Indiana Transfer Lists