Monday, October 28, 2013
Ind. Decisions - Transfer list for week ending October 25, 2013
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Here is the Clerk's transfer list for the week ending Friday, October 25, 2013. It is three pages (and 30 cases) long.
Two transfers were granted last week:
- Douglas A. Guilmette v. State of Indiana (both parties granted transfer) - This was an April 22nd COA opinion that concluded:
Guilmette contends that the trial court admitted the DNA evidence recovered from his shoe in violation of Article 1, Section 11 of the Indiana Constitution. Specifically, he argues that the shoe, taken incident to his theft arrest, was unconstitutionally searched for evidence of the murder. * * * The DNA evidence from the shoe was not the strongest evidence of guilt. It merely consisted of testimony that a small stain on Guilmette’s shoelace tested presumptively for blood and that subsequent DNA testing gave a mixture from which both Piechocki and Guilmette could not be excluded. Moreover, the testimony of four separate and independent witnesses that Guilmette admitted killing Piechocki with a baseball bat constituted overwhelming substantial independent evidence of guilt. Thus, the erroneous admission of the DNA evidence from the shoe was harmless.
- Fishers Adolescent Catholic Enrichment Society, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater - This was a 41-page May 29th COA opinion that concluded:
We conclude that the nature and features of FACES make the organization sufficiently related to education such that the ICRC’s jurisdiction is proper, and we uphold the ALJ’s conclusions, with one exception. We find the ALJ’s order that FACES post its decision on all websites on which they communicated information regarding the case to be unconstitutional compelled speech, and we reverse this portion of the order. We affirm in part and reverse in part.
Posted by Marcia Oddi on October 28, 2013 11:36 AM
Posted to Indiana Transfer Lists