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Justices decline injured officer’s benefits case

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The Indiana Supreme Court will leave in place the amount of disability benefits an Indianapolis police officer will receive after he was shot in the line of duty.

The justices declined to take Jason A. Fishburn v. Indiana Public Retirement System, 49A02-1305-MI-391, in which Indianapolis Metropolitan Police Department Officer Jason Fishburn challenged the method used to calculate an additional monthly benefit. He argued since he has a 45-percent impairment, he should be entitled to 45 percent in additional benefits, for a total of 90 percent of his officer salary. His disability benefits are based on the benefit for a Class 1 impairment of 45 percent.

The Indiana Court of Appeals upheld the calculation of 45 percent – the base monthly benefit for a Class 1 impairment – plus 34.85 percent in the additional monthly benefit.  

The Supreme Court granted transfer last week and issued opinions reducing the sentences imposed on two Anderson juveniles convicted in a double homicide.

The justices vote 3-2 to vacate transfer to State of Indiana v. Molly Gray, 62S01-102-CR-76, in which the Court of Appeals affirmed on interlocutory appeal suppression of evidence collected from Molly Gray’s van that was used to charge her with possession of methamphetamine. Justices Steven David and Mark Massa voted to keep the case.

The high court also denied transfer to 9 other cases for the week ending June 6.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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