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Justices take 5 cases, deny IBM appeals

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The Indiana Supreme accepted five cases last week on transfer, including an appeal of an order that a woman pay $4,000 a month to her ex-husband in spousal maintenance. The justices also denied 18 cases, including appeals by IBM and subcontractor regarding the failed contract to update the state’s welfare system.

Justices will hear Barbara J. Pohl v. Michael G. Pohl, 32A04-1404-DR-245, in which Barbara Pohl seeks to reduce the $4,000 in spousal maintenance she pays to her ex-husband to $1,000 a month, based in part on Michael Pohl’s increased Social Security income payments. The Court of Appeals affirmed, finding the evidence supported the maintenance amount.

The justices also took:

  • Jonathan D. Carpenter v. State of Indiana, 02A05-1404-CR-246, in which the Indiana Court of Appeals held Jonathan Carpenter’s federal and state constitutional rights weren’t violated when police entered his home without a warrant based on concerns an injured animal or person may be inside.
  • Joseph K. Buelna v. State of Indiana, 20S04-1404-CR-243, a not-for publication decisions in which the Court of Appeals affirmed Joseph Buelna’s conviction and sentence for Class A felony manufacturing methamphetamine. He argued the trial court erred in admitting evidence found in a warrantless search, that the state didn’t present sufficient evidence to support the conviction and his 50-year sentence, with 20 years suspended, was inappropriate.
  • Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al., 49S05-1404-PL-244, a not-for-publication opinion in which the Court of Appeals affirmed summary judgment for Wellpoint’s insurers, who denied coverage for its defense and settlement of a number of lawsuits against it.
  • In the Matter of the Guardianship of N.R., N.R. v. Eva Willis, et al., 45S05-1404-GU-251 a guardianship appeal out of Lake County that is going directly to the Supreme Court.


The high court was divided over denying transfer to the appeals by the ACS Human Services LLC and IBM in International Business Machines Corporation v. ACS Human Services, LLC, 49A02-1301-PL-49. Justice Steven David voted to grant petition for transfer. Justice Mark Massa did not participate in the decision to deny transfer. The Court of Appeals in November affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits over the failed contract between IBM and the state to modernize Indiana’s welfare system.

The list of transfers for the week ending April 11 is available on the court’s website.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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