Monday, May 19, 2014
Ind. Decisions - Transfer list for week ending May 16, 2014
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Here is the Clerk's transfer list for the week ending Friday, May 16, 2014. It is two pages (and 24 cases) long.
Four transfers were granted last week:
- State of Indiana v. Tammy Sue Harper - This was a Dec. 30, 2013 NFP opinion concluding:
The State of Indiana appeals the order of the Tippecanoe Circuit Court modifying the sentence of Tammy Sue Harper (“Harper”). On appeal, the State claims that the trial court was without authority to modify Harper’s sentence because more than 365 days had passed since Harper was sentenced and the county prosecutor did not approve of the modification. We agree and reverse. * * * We are not at liberty to ignore the clear language of the statute, which requires the approval of the prosecuting attorney to sentence modification that occurs outside the 365-day time limit. Here, the prosecuting attorney failed to give such approval, and the trial court was without authority to modify Harper’s sentence.
- TP Orthodontics, Inc., Christopher K. Kesling, DDS, MS, Adam Kesling, and Emily Kesling, Individually and derivatively on behalf of TP Orthodontics, Inc. v. Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001, and the Andrew C. Kesling Trust Dated March 28, 2001 - This was a Sept. 3, 2013 opinion concluding: "[W]e find that where a corporation forms a special litigation committee, and the corporation later requests dismissal of derivative plaintiffs’ claims based on the findings of that committee, privilege as to the committee’s report is waived. We affirm the trial court’s order compelling production of the special litigation committee report and remand for further proceedings."
- Shawn Blount v. State of Indiana - This was a 2-1 Feb. 24, 2014 opinion where the issue was whether the trial court abused its discretion by admitting hearsay evidence (when it allowed Detective Smith’s testimony concerning what Brock and her son told him as to their belief about who fired the gun). The COA ruled it was inadmissible hearsay.
- Scott Logan v. State of Indiana - This is a Feb. 28, 2014 NFP opinion concluding:
[T]he trial court did not err in denying Logan’s motion for discharge under Crim. R. 4(C), and Logan has failed to demonstrate that the delays in his trial violated his constitutional right to a speedy trial.
Posted by Marcia Oddi on May 19, 2014 10:47 AM
Posted to Indiana Transfer Lists