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Indiana justices accept 2 cases

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The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.

The justices took Dennis Jack Horner v. Marcia (Horner) Carter, 34S02-1210-DR-582, in which the Indiana Court of Appeals held that the trial court erred in excluding Dennis Horner’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement. The appellate court found the error was harmless.

Indiana courts hadn’t addressed whether extrinsic evidence can be communications that happened during mediation. The COA found the settlement agreement was ambiguous, and not allowing this evidence was a harmless error because Dennis Horner did testify to communications that happened during mediation and his statements fall short of establishing any mistake that may entitle him to relief.

The justices also took the appeal of the not-for-publication decision in Brad W. Passwater v. State of Indiana, 48S05-1210-PC-583. Convicted murderer Brad Passwater sought post-conviction relief, which was denied. He argued that his trial attorney was ineffective, but the Court of Appeals affirmed.

The high court declined to take 27 other cases for the week ending Oct. 12.


 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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