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High court grants 2 transfers

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The Indiana Supreme Court will rule on the issue of whether a defendant has to prove at a probation revocation hearing for failing to support dependents his or her inability to pay the support.

The high court granted transfer to Dannie Ray Runyon v. State of Indiana, No. 57S04-1006-CR-317 – one of two cases it took on transfer June 17.

Dannie Ray Runyon appealed the revocation of his probation and order that he serve 6 years of a previously suspended sentence for not paying child support, a violation of his probation. He argued the revocation was an error because Indiana statute provides that probation may not be revoked for failure to comply with a condition of a sentence that imposes financial obligations unless the person recklessly, knowingly, or intentionally fails to pay.

The Indiana Court of Appeals ruled that because in a prosecution for nonsupport of a dependent a defendant bears the burden of proving he was unable to provide support, when revoking probation for failing to support dependents the defendant also bears the burden of proving he wasn’t able to provide support.

Runyon didn’t prove his inability to pay, the appellate court concluded.

The Supreme Court also accepted National Union Fire Insurance Co. of Pittsburgh, PA, et al. v. Standard Fusee Corp., No. 49S04-1006-CV-318. The Indiana Court of Appeals for the first time adopted a site-specific approach to rule on an insurance case with multiple polices in several states. Previously, the appellate court had been following a uniform-contract interpretation approach when ruling on choice of law questions in contract actions.

The Court of Appeals concluded Indiana law would apply in the case since it had the most significant relationship with contamination involving sites in Indiana; California law would apply to the contaminated sites in that state.

The high court denied transfer to 34 other cases.
 
 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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