Monday, June 22, 2015
Ind. Decisions - Transfer list for week ending June 19, 2015
Here is the Clerk's transfer list for the week ending Friday, June 19, 2015. It is two pages (and 21 cases) long.
Two transfers were granted last week [details to follows]:
- Scott Hitch v. State of Indiana - This was a Jan. 8, 2015 opinion (2nd case) where the COA rules:
Hitch argues that the trial court’s domestic violence determination infringed upon his Sixth Amendment right to a jury trial when it found a fact that increased the penalty for his conviction beyond the statutory maximum in violation of Blakely v. Washington, 542 U.S. 296 (2004). Finding that the trial court’s determination that Hitch committed a crime of domestic violence required it to find a fact that increased the penalty for Hitch’s conviction beyond the statutory maximum, we reverse.
- Jeffrey Hewitt v. Westfield Washington School Corporation, et al. - This was a Dec. 30, 2015 COA opinion, where the Court concluded:
The School has failed to carry the “onerous burden” of showing that there are no genuine issues of material fact and that the School is entitled to a judgment as a matter of law on Hewitt’s breach of contract and due process claims. Accordingly, the trial court erred in granting summary judgment in favor of the School. We therefore remand for further proceedings.
Posted by Marcia Oddi on June 22, 2015 10:37 AM
Posted to Indiana Transfer Lists