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COA permits Knightstown to abolish town court

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A battle between a town council and a judge over the fate of the local town court was stopped with the Indiana Court of Appeals noting the Indiana Legislature tends not to enact statutes that produce “unjust or absurd results.”

Bart Whitesitt filed a complaint after Knightstown passed an ordinance abolishing the town court. Knightstown had established the town court in the 1970s to adjudicate traffic infractions and misdemeanors.

Whitesitt was appointed town court judge on Jan. 31, 2011. That same month, the Henry County Prosecutor’s Office announced it would no longer refer misdemeanor offenses to the town court.

This move caused a shortfall in revenue and led Knightstown to dissolve the town court.

Appealing the summary judgment, Whitesitt argued Knightstown violated Indiana Code 33-35-1-1. The judge asserted that under the statute, a town court can only be closed every fourth year after 2006.

Knightstown counted that since its town court was established prior to Jan. 1, 1986, it was exempt from the requirements of the statute.  

In Bart Whitesitt v. Town of Knightstown, 33A04-1302-MI-00072, the Court of Appeals agreed with Knightstown and affirmed the trial court’s summary judgment in favor of the town.

“The General Assembly’s intent to treat courts established prior to January 1, 1986, differently from those established after that date is clear under the plain language of subsection (d) when it is considered within the entire context of the statute,” Judge Paul Mathias wrote for the court. “To reach any other conclusion would render subsection (d) meaningless. We presume our General Assembly does not enact useless statutes or statutory provisions and intends to avoid unjust or absurd results.”
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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