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Monday, December 09, 2013
Ind. Decisions - Transfer list for week ending December 6, 2013 [Corrected]
[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, December 6, 2013. It is three pages (and 32 cases) long.
Three transfers were granted last week:
- Michael E. Lyons and Denita L. Lyons, Individually and as Co-Personal Representatives of the Estate of Megan Renee Lyons, deceased v. Richmond Community School Corp. d/b/a Richmond High School; Joe Spicer; Jeffrey Thorne and Maggie LaRue - "in their individual and official capacities" - Here is the 5/8/13 opinion, which begins:
[The Smiths appeal the trial court’s summary judgment in favor of Delta Tau Delta] with respect to claims arising from the wrongful death of Johnny Dupree Smith (Johnny), a Wabash College freshman, following acute alcohol intoxication. We affirm in part, reverse in part, and remand for further proceedingsand here is the 7/31/13 opinion on rehearing.
- Detona Sargent v. State of Indiana, and the Consolidated City of Indianapolis/Marion County, and the Indianapolis Metropolitan Police Department - In an April 8th opinion, the question involves the forfeiture of Sargent’s vehicle pursuant to Indiana Code Section 34-24-1-1(a)(1)(B). The ruling:
In sum, we hold that the State demonstrated a sufficient nexus between the underlying crime and the seized property. We also hold that neither Indiana’s statutory bankruptcy exemptions nor Article I, Section 22 of the Indiana Constitution required the trial court to exempt Sargent’s vehicle from forfeiture. Accordingly, we affirm the court’s forfeiture order.
- Keion Gaddie v. State of Indiana - This was a July 3rd COA opinion reversing the trial court:
Keion Gaddie appeals his conviction, following a bench trial, of resisting law enforcement, a Class A misdemeanor. Gaddie raises the following issue for our review: whether the evidence was insufficient to sustain his conviction because he was free to disregard law enforcement in what was a consensual encounter. Concluding that Gaddie had no duty to stop when law enforcement ordered him to do so, we reverse. * * *
Gaddie was under no duty to stop when Officer Newlin ordered him to do so. Moreover, there was no reasonable suspicion which would justify a seizure of Gaddie. Thus, his conviction for resisting law enforcement is reversed.
Posted by Marcia Oddi on December 9, 2013 11:39 AM
Posted to Indiana Transfer Lists