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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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