High court grants 6 transfers

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.