Granted transfers include child-support case

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The Indiana Supreme Court granted three transfers late last week, including one in which the court will re-examine a 2007 decision involving child support and incarcerated parents.

In Todd Allen Clark v. Michelle D. Clark, No. 35A05-0801-CV-26, the Supreme Court will decide whether its decision in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), also applies to a request for a modification because of incarceration. The Court of Appeals used the Lambert decision - which held incarceration doesn't relieve a parent of child support obligations but makes calculation of support based on actual income or assets the parent has - to determine whether Todd Clark's verified petition for abatement and/or modification of child support order should be granted.

Court of Appeals Judge Margret Robb dissented, writing that it was up to the Supreme Court to expand the parameters of Lambert to include petitions for abatement or modification.

In Steven McCullough v. State, No. 49A02-0711-CR-931, the Court of Appeals ruled on an issue of first impression: whether the state can file a cross-appeal of a sentence. The appellate court held the state can't cross-appeal a sentence for abuse of discretion or inappropriateness unless the defendant appeals his or her sentence in the appellant's brief.

In Jeffrey A. Graham v. State, No. 03A04-0712-CR-688, the Indiana Court of Appeals upheld Graham's convictions of criminal recklessness, resisting law enforcement, and criminal mischief, but reversed the trial court's restitution order because the court didn't inquire into his ability to pay. The state presented no evidence at the sentencing hearing regarding his education, employment, income, or living expense. The matter was remanded with instructions to determine Graham's ability to pay and to fix a manner of payment.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL