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The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline,
the court had not yet posted transfers since those from the week ending June 4.
The court denied transfer to the following cases:
James
Henley v. State of Indiana, No. 49A02-0908-CR-711, a not-for-publication opinion that affirmed Henley’s conviction
of intimidation and sentence, which was enhanced by a habitual offender finding.
David
Burks-Bey v. State of Indiana, No. 49A02-0903-PC-231, a not-for-publication opinion that affirmed a denial of motion
to correct an erroneous sentence.
Gideon
Samid v. Virginia Spencer, No. 06A01-0901-CV-45, a not-for-publication opinion that affirmed the trial court’s
denial of Samid’s motion to correct error and remanded for determination of Spencer’s appellate attorneys’
fees in a case involving a protective order.
Robert
L. Scott v. State of Indiana, No. 79A05-0812-CR-746, a for-publication case that considered Scott’s convictions
of two counts of Class B felony possession of a firearm by a serious violent felon; one count of Class C felony battery with
a deadly weapon; one count of Class D felony of pointing a firearm; and one count of Class A misdemeanor resisting law enforcement.
In this case, the Court of Appeals affirmed the trial court’s handling of the case regarding its discretion in admitting
evidence obtained from Scott’s residence and in admitting certain evidence in its determination that Scott was a serious
violent felon. But the Court of Appeals reversed that decision regarding the trial court’s refusal to give a tendered
instruction as to whether a gun in question was loaded.
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