ILNews

High court to hear 3 arguments Thursday

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court will hear arguments Thursday in three cases involving different issues - the cleanup of hazardous material, a defendant sentenced to death, and a child-custody dispute.

In the arguments scheduled at 9 a.m., the justices will hear The Indiana Department of Environmental Management v. Raybestos Products Co., No. 49A02-0609-CV-782, in which the Indiana Court of Appeals reversed a Marion Superior Court decision granting summary judgment for Raybestos on the issue of breach of contract against IDEM. Raybestos filed a complaint against the government entity alleging it breached an agreed order for cleanup of hazardous substances and sought as damages the higher costs of an Environmental Protection Agency-imposed cleanup. The cleanup originally proposed by Raybestos and based on IDEM-approved risk management didn't meet the applicable federal standards. The appellate court reversed the decision based on public-policy grounds, saying it wouldn't enforce an agreement that may injure the public in some way or be contrary to declared Indiana public policy.

The high court will hear on direct appeal a case in which defendant Roy Lee Ward argues his convictions and death sentence by the Spencer Circuit Court should be reversed. The appeal of Roy Lee Ward v. State of Indiana, No. 74S00-0707-DP-00263, begins at 9:45 a.m.

Finally, the court will hear arguments at 10:45 a.m. in Juanita Ivers v. Jeremy Hensley, No. 13A05-0706-JV-329, in which the Crawford Circuit Court granted Hensley's petition to modify custody of the child from the maternal grandmother, Ivers, back to Hensley and grant Ivers visitation. The Court of Appeals reversed the trial court's decision and remanded the case to determine whether the parental presumption had been overcome and whether a modification is in the best interest of the child.
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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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