Monday, August 15, 2016
Ind. Decisions - Transfer list for week ending August 12, 2016
Here is the Clerk's transfer list for the week ending Friday, August 12, 2016. It is two pages (and 27 cases) long.
Two transfers were granted last week:
- Mary Osborne v. State of Indiana - this was a 2-1, May 12, 2016 COA opinion (3rd case) reversing the trial court's denial of a motion to suppress, holding:
... the community caretaking function of police officers may apply to justify a traffic stop where the officer does not otherwise observe a traffic violation or have a reasonable suspicion that criminal activity is afoot. However, based on the facts of this case, we conclude that the exercise of Officer Arnold’s community caretaking function was not reasonable and, therefore, violated Osborne’s Fourth Amendment rights.
- Kennedy Tank & MFG. Co., Inc., et al. v. Emmert Industrial Corp. - this was a 2-1, April 22, 2016 COA opinion, holding:
The Indiana statute of limitation [10 year]on which the trial court appears to have relied is preempted by a federal statute establishing a shorter limitations period [18 months]. As Emmert did not bring its lawsuit within that period, Kennedy’s motion should have been granted, and we must therefore reverse.
- James Love v. State of Indiana - this is a 5/25/15 NFP COA decision involving the amendment of charging information and a question of double jeopardy. Transfer Denied - All Justices concur, except Rush, C.J., and David, J., who vote to grant the petition to transfer.
Posted by Marcia Oddi on August 15, 2016 11:10 AM
Posted to Indiana Transfer Lists