Monday, July 20, 2015
Ind. Decisions - Transfer list for week ending July 17, 2015 [Updated]
Here is the Clerk's transfer list for the week ending Friday, July 17, 2015. It is two pages (and 24 cases) long.
One transfer was granted last week:
- Wenzel Williams v. State of Indiana - This was a March 21st COA opinion (now vacated) which held:
As an initial matter, the State asserts that Williams failed to preserve his claim of prosecutorial misconduct. The State cites Delarosa v. State, which declares that “[t]o preserve a claim of prosecutorial misconduct, a defendant must object and request an admonishment. If the defendant is not satisfied with the admonishment, the defendant must move for a new trial.” 938 N.E.2d 690, 696 (Ind. 2010); accord Ryan, 9 N.E.3d at 667. Because Williams did not seek an admonishment or a mistrial, the State believes Williams’s claim is forfeited. We cannot agree. Williams did object to the prosecutor’s statement during closing argument, and the trial court overruled that objection. It makes absolutely no sense for the State to say a defendant must request an admonishment and a mistrial after having been told by the trial court that no misconduct occurred. Statements in Delarosa and Ryan that requests for an admonishment and a mistrial are necessary to preserve a claim of prosecutorial misconduct presuppose that an objection is sustained and the trial court would actually have entertained a request for an admonishment. Put simply, Williams’s overruled objection is sufficient to preserve his prosecutorial misconduct claim. * * * Conclusion. We conclude the trial court did not abuse its discretion by denying Williams’s motion for continuance, limiting cross-examination of Swaim, or allowing a witness to testify that he saw a drug transaction. Further, William’s alleged prosecutorial misconduct claim does not constitute reversible error.
INDIANAPOLIS | Former Secretary of State Charlie White is planning to appeal his felony convictions for vote fraud, theft and perjury to the highest court in the country after the Indiana Supreme Court refused to hear his case. In a one-page order issued late Thursday, Indiana Chief Justice Loretta Rush denied White's request to review a Dec. 29 Court of Appeals ruling that affirmed three of the six guilty verdicts against him.In 3-2 votes: Finally, the Court failed to grant transfer in Norris Avenue Professional Building Partnership v. Coordinated Health, LLC,, by a vote of 3-2, with Rush, C.J., and Dickson, J. voting to grant the petition to transfer, leaving in place the March 25, 2015 COA opinion which holds: "Norris raises a single issue for our review, namely, whether the trial court erred when it concluded that Coordinated Health did not breach the lease agreement. We reverse and remand with instructions."
[Updated 7/21/15] Dan Carden of the NWI Times reported on another notable transfer denial last week, Manuel Montalvo, et. al. v. State of Indiana, thereby leaving in place the March 9, 2015 COA opinion. From the story:
In a 5-0 decision announced Monday, the state's high court left intact a March 9 Court of Appeals ruling that found the library's purchase of health, dental, vision and life insurance for Clifton Johnson, Gary McCracken, Hector Cavazos and Aldolfo Velez from 2008-10 violated a state law mandating that "a member of a library board shall serve without compensation."
The board members, who authorized the purchases, unsuccessfully argued in their appeal that "compensation" refers only to wages and does not include other benefits, such as insurance. * * *
According to court records, Johnson must repay $52,636.26, McCracken $24,604.76, Cavazos $27,965.53 and Velez $31,673.49.
Posted by Marcia Oddi on July 20, 2015 12:24 PM
Posted to Indiana Transfer Lists