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High court grants 2 transfers

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The Indiana Supreme Court will rule on the issue of whether a defendant has to prove at a probation revocation hearing for failing to support dependents his or her inability to pay the support.

The high court granted transfer to Dannie Ray Runyon v. State of Indiana, No. 57S04-1006-CR-317 – one of two cases it took on transfer June 17.

Dannie Ray Runyon appealed the revocation of his probation and order that he serve 6 years of a previously suspended sentence for not paying child support, a violation of his probation. He argued the revocation was an error because Indiana statute provides that probation may not be revoked for failure to comply with a condition of a sentence that imposes financial obligations unless the person recklessly, knowingly, or intentionally fails to pay.

The Indiana Court of Appeals ruled that because in a prosecution for nonsupport of a dependent a defendant bears the burden of proving he was unable to provide support, when revoking probation for failing to support dependents the defendant also bears the burden of proving he wasn’t able to provide support.

Runyon didn’t prove his inability to pay, the appellate court concluded.

The Supreme Court also accepted National Union Fire Insurance Co. of Pittsburgh, PA, et al. v. Standard Fusee Corp., No. 49S04-1006-CV-318. The Indiana Court of Appeals for the first time adopted a site-specific approach to rule on an insurance case with multiple polices in several states. Previously, the appellate court had been following a uniform-contract interpretation approach when ruling on choice of law questions in contract actions.

The Court of Appeals concluded Indiana law would apply in the case since it had the most significant relationship with contamination involving sites in Indiana; California law would apply to the contaminated sites in that state.

The high court denied transfer to 34 other cases.
 
 

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  1. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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