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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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