ILNews

Supreme Court grants 3 transfers

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court granted three transfers Tuesday, including a case regarding the state's "non-suspension rule," Indiana Code Section 35-50-2-2(b)(1).

In Julie A. Gardiner v. State of Indiana, No. 08A02-0810-CR-874, the Indiana Court of Appeals determined in a case of first impression that the state's "non-suspension rule" in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction. Because Julie Gardiner's prior unrelated Class D felony conviction wasn't reduced to a Class A misdemeanor at the time she was sentenced for a later drug conviction, her 20-year sentence stands.

The majority ruled if the Hamilton County trial court had immediately reduced Gardiner's prior felony to the misdemeanor, the Carroll Circuit Court would have had the discretion to order a suspended sentence. Since the Hamilton trial court postponed the reduction, Gardiner still had the Class D felony conviction on her record when she was convicted and sentenced for the Class A felony dealing in methamphetamine.

The majority noted it was frustrated by a sentencing scheme that illogically limits a judge's discretion and invited the legislature to consider amending the statutes to provide more judicial discretion.

Judge Elaine Brown dissented on the grounds she wouldn't give the non-suspension rule such a strict interpretation as to tie the trial court's hands in suspending a minimum sentence when circumstances warrant a modification.

In Jimmie Smith v. Champion Trucking Co., Inc. No. 93A02-0808-EX-701, the Court of Appeals reversed the dismissal of Jimmie Smith's application for adjustment of claim with the Indiana Workers' Compensation Board. Smith should be allowed to proceed with his workers' compensation claim that was pending at the time of his settlement with the driver who struck his truck while he was working, the court ruled.

"Thus, Smith correctly observes that there may be some potential, in furtherance of the humane purposes of the Act, for some supplemental payment from an employer after the injured employee has recovered from a third-party tortfeasor an amount less than the 'apparent worker's compensation benefits' before the worker's compensation claim was resolved," wrote the court.

The high court also granted transfer to Eric P. Sibbing v. Amanda N. Cave, individually and as the mother and guardian of Mercy M. Cave, minor, No. 49A02-0802-CV-165.The appellate court ruled the trial court didn't err in allowing into evidence Cave's testimony about medical tests and the cause of her pain. Cave was injured in a car accident when Eric Sibbing's car slammed into the back of hers. Cave filed a negligence suit against Sibbing, who admitted fault.

The judges disagreed about whether the court erred in granting Cave's motion to strike portions of Sibbing's expert medical witness's testimony.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT