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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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