Monday, April 28, 2014
Ind. Decisions - Transfer list for week ending April 25, 2014
[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 Dec. 20, 2013 list.]
Here is the Clerk's transfer list for the week ending Friday, April 25, 2014. It is two pages (and 22 cases) long.
Four transfers were granted last week:
- Jeffrey A. Cleary v. State of Indiana - This is a 2-1, Jan. 24, 2014 COA opinion where the majority and dissent concluded, respectively:
Cleary’s retrial did not violate statutory or Indiana constitutional double jeopardy principles. The trial court did not abuse its discretion in admitting the blood test results into evidence, and Cleary has not established that his sentence is inappropriate. We affirm. The trial court should have entered a judgment of conviction on Cleary’s misdemeanor operating while intoxicated (“OWI”) charges, which would have precluded a retrial on the felony OWI charges. I believe that this result is compelled by principles of fundamental fairness and the principles underlying the Indiana Constitution’s double jeopardy clause. Therefore, I respectfully dissent.
- Old National Bancorp d/b/a Old National Trust Company, as Trustee of the Percy E. Goodrich Trust and the Hanover College Trust v. Hanover College - This is a Dec. 5, 2013 COA opinion concluding:
Old National, as Trustee, brought separate appeals from the trial court’s orders terminating both trusts. The two appeals were consolidated into one, and Hanover College filed a motion to dismiss the appeal alleging that Old National lacked standing. As this issue is dispositive, we need not and cannot consider the appeal on its merits, and, therefore, we dismiss.
- Ruben Rosales v. State of Indiana - This is a 2-1, Jan. 27, 2014 COA opinion where the majority and dissent wrote, respectively:
As we have already noted, not every Spradlin claim amounts to fundamental error. The fundamental error exception is available only in “egregious circumstances.” Id. The record shows that Rosales was fairly tried and convicted. Affirmed. It is undisputed that the trial court erred in instructing the jury on accomplice liability, and it is also undisputed that the record is silent regarding whether the jury found Rosales guilty of attempted murder as an accomplice or as a principal. Relying on Thomas, the majority concludes that the error was not fundamental. I respectfully disagree.
- Edward Lee Matthys v. State of Indiana - This is a Jan. 30, 2014 COA opinion concluding: "Therefore, we conclude that the sentence was not inappropriate, as it was compelled by the agreement that Matthys had signed on August 24, 2011, prior to his admission to the Re-Entry Program."
Posted by Marcia Oddi on April 28, 2014 01:14 PM
Posted to Indiana Transfer Lists