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1st pro bono appeals program case gets transfer

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The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.

The case In the Matter of the Adoption of the Unborn Child of B.W., Wilfrido Garcia v. David Heine Bos and Janae Herbst Bos, No. 03A04-0802-CV-107, is the first case from the state bar's pro bono appellate program, which began in January 2007, to reach the Indiana Supreme Court, said Bose McKinney & Evans attorney Bryan Babb, who is representing Wilfrido Garcia in the appeal.

The Indiana Court of Appeals affirmed the trial court's decree of adoption of Garcia's child, T.B. The appellate court found Garcia failed to follow the statutory requirements to contest the child's adoption, so his consent to the adoption is irrevocably implied.

Garcia argued Indiana Code Sections 31-19-4-5 and -9-12 are in conflict because -9-12 requires the putative father to file a motion to contest the adoption or to initiate a paternity action within 30 days of being served with the petition for adoption and notice of named father. The Court of Appeals ruled the statutes can be "harmonized and rationalized to give effect to both statutes, given the recognition of the named father's obligation" to consult Indiana's adoption statutes as is stated in the notice of pending adoption proceedings.

The high court also granted transfer to Byron Breaston v. State of Indiana, No. 20A04-0802-PC-113, in which the Court of Appeals reversed the post-conviction court's ruling to vacate Breaston's habitual offender enhancement and reinstated the enhancement because the state showed he had another felony conviction that could support the habitual offender enhancement. The appellate court affirmed the post-conviction court's rulings on all other grounds, including that the state didn't waive all arguments because it failed to respond to his petition for post-conviction relief, the denial of Breaston's motion to consolidate his post-conviction case with a civil suit against several public defenders, and his conviction of escape stands because he wasn't on probation at the time he was arrested for failing to return to detention while on work release.

The cases were granted transfer Oct. 15 but details weren't released until late afternoon Oct. 16.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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