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High court grants 6 transfers

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The Indiana Supreme Court granted transfer to six cases April 9, including one involving an election dispute for the mayor of Terre Haute, termination of parental rights cases, and a case involving an injury on school property.

Kevin D. Burke v. Duke Bennett, No. 84A01-0801-CV-2 - A divided appellate court reversed a ruling that held mayoral candidate Duke Bennett could take office as mayor despite the applicability of the federal law questioning his eligibility. The Court of Appeals found Bennett, who was an "officer or employee" at Hamilton Center, which receives federal funding for an educational program, was subject to the Little Hatch Act and ordered a special election. That meant Bennett was disqualified for running in a partisan election for mayor.

Termination of parent-child relationship of M.B. and S. B., No. 34A02-0805-JV-437 - The Indiana Court of Appeals affirmed the order denying M.B. and S.B.'s mother's motion to set aside its order for the voluntary termination of her parental rights. The addendum to the mother's voluntary consent to termination form is void and unenforceable as a matter of law. The trial court also properly denied her Ind. Trial Rule 60(B) motion to set aside judgment. The Court of Appeals affirmed its ruling in a Jan. 9, 2009, rehearing.

Gary Community School Corporation v. Lolita Roach-Walker and Victor Walker, No. 45A05-0805-CV-275 - The appellate court affirmed the jury verdict in favor of Lolita Roach-Walker in her complaint for damages arising from a slip and fall on the school corporation's property. The issue in the case was whether the school corporation had time and opportunity to treat or remove the ice from the middle school's sidewalk. The school corporation failed to prove the condition of the sidewalk was temporary, which would grant it immunity under the Indiana Tort Claims Act.

In re: Termination of parent-child relationship of J.M., No. 02A05-0807-JV-416 - The appellate court reversed the trial court denial of the Allen County Office of Family and Children's petition to terminate the parental rights of J.M.'s mother and father. Given the evidence presented, including guardian ad litem testimony that termination would be in J.M.'s best interest, the trial court erred in denying the petition for termination. The case was remanded with instructions to enter an order terminating the parental rights of the mother and father.

Ezra Bradshaw v. Gary Chandler and Affirmative Insurance Co., No. 49A05-0806-CV-363 - The Court of Appeals affirmed summary judgment in favor of Affirmative Insurance Co., Bradshaw's insurer, disposing of his claim for uninsured motorist benefits. The trial court properly found Bradshaw's claim was time-barred because it was filed more than two years after the date of the accident and that neither the discovery rule nor Indiana Trial Rule 15(C) controls the policy's limitation period.

In re: The marriage of Suzanne Hebert Hamilton v. Richard Wayne Hamilton, No. 82A01-0804-CV-151 - The appellate court affirmed a trial court finding Richard Hamilton wasn't in contempt for failing to pay child support as ordered by a Florida trial court. It held the trial court's decision to enforce the Florida child support obligation for less than the amount ordered by the Florida court wasn't an impermissible modification under the Uniform Interstate Family Support Act. The record also showed Richard complied with the Indiana trial court's order.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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