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High Court accepts 7 transfers

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The Indiana Supreme Court has taken seven cases on transfer, including a case in which the lower appellate court was split on a construction manager’s duty to an injured worker.

In The Hunt Construction Group, et al. v. Shannon D. Garrett, No. 49S02-1106-CT-365, the Indiana Court of Appeals found that many provisions of the contracts Hunt Construction entered into gave the company significant duties regarding safety on the jobsite, so it owed a duty to Shannon Garrett. Garrett, an employee of Baker Concrete, was injured while working on Lucas Oil Stadium in Indianapolis.

Judge Ezra Friedlander dissented on this point, believing the majority disregarded the provisions that limited Hunt Construction’s duties regarding safety and that their holding “will fundamentally alter contracts” of this nature and make it “virtually impossible for a contractor taking on the role of construction manager to limit its liability so as not to become an insurer of safety for workers of other contractors.”

The justices also accepted:
-    McCord Investments, LLC, et al. v. Sawmill Creek, LLC, et al., No. 49S02-1106-CV-364, in which the Court of Appeals affirmed the order granting the motion filed by Sawmill Creek to set aside a tax deed the auditor issued to McCord Investments because Sawmill Creek’s owner wasn’t provided constitutionally adequate notice of the tax sale;

-    Phyllis Hardy, et al. v. Mary Jo Hardy, No. 51S01-1106-PL-366, in which the COA held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by Phyllis Hardy seeking to keep her and her grandchild as beneficiaries of her ex-husband’s life insurance policy;

-    Thomas Dexter v. State of Indiana, No. 79S05-1106-CR-367, in which the COA affirmed Thomas Dexter’s conviction of Class A felony neglect of a dependent and determination of his habitual offenders status, finding expert witness testimony was admissible and the jury was properly instructed;

-    Richard S. Emmons v. State of Indiana, No. 79S04-1106-CR-368, in which the appellate court upheld the decision to deny Richard Emmons’ motion for sentence modification in a not-for-publication opinion;

-    Troy R. Smith v. State of Indiana, No. 35S02-1106-CR-369, where the COA reversed the revocation of Troy Smith’s probation for not paying child support weekly, which was a condition of his probation. The judges held that a trial court may revoke probation for not satisfying a financial obligation only if the state proves by a preponderance of the evidence that there is less than full payment and the probationer submitted that smaller payment recklessly, knowingly, or intentionally. They found the state didn’t meet this burden of evidence to revoke Smith’s probation; and

-    Lamar M. Crawford v. State of Indiana, No. 49S05-1106-CR-370, in which the high court issued an opinion June 23.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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