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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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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