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Indiana Supreme Court justices denied 16 transfer petitions for the week ending June 9. There were no transfers granted.
Denials included a case where the Court of Appeals of Indiana reversed summary judgment after finding a trial court judge was biased for declaring the state’s civil litigation system “broken.”
The reversal in Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC, 22A-CT-979, stemmed from a negligence lawsuit against a towing company for injuries to a dog.
Carroll Circuit Judge Benjamin Diener wrote he “wouldn’t be suing in this situation” and opined that the case wasn’t a “valuable use of limited judicial resources.” Diener later scrubbed those comments from the order.
Diener ultimately entered summary judgment for the defendants, calling the case frivolous.
But the Court of Appeals agreed the judge was biased, and the case was remanded with the provision that the plaintiffs are entitled to a new judge.
Justices also denied transfer to a post-conviction relief case.
In Harry C. Hobbs v. State of Indiana, 22A-PC-1885, Harry Hobbs, whose sentence was previously reduced to less than half of the original term, tried convincing the Court of Appeals that the denial of his post-conviction relief petition was erroneous.
The Court of Appeals disagreed, ruling in part that while Hobbs’ counsel didn’t cite a case he argued would have precluded consecutive sentencing, the omission didn’t constitute deficient performance.
Justices also denied transfer to a case involving an Illinois man who trafficked a teenage girl across state lines.
The Court of Appeals rejected James Williams’ arguments in the case James Williams v. State of Indiana, 22A-CR-1442, after he was sentenced to 12 years.
On appeal, Williams challenged the admission of cellphone evidence under both the U.S. and Indiana constitutions. But the Court of Appeals found a “medical emergency” ruse officers used to gain entry into Williams’ motel room did not make his consent to their entry involuntary.
Other denied transfers can be found here.
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