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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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