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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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