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Justices accept 1 transfer case, deny 9

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The Indiana Supreme Court granted transfer to a divorce case last week and denied nine other cases during its weekly private conference.

An order list issued Monday by the Indiana appellate clerk’s office indicated that the justices voted to accept the case of Sean Thomas Ryan v. Dee Anna Ryan, No. 71S03-1111-DR-644.

The Indiana Court of Appeals issued a ruling in March, reversing a judgment made by St. Joseph Circuit Judge Michael G. Gotsch in the case involving a husband and wife who filed for divorce in 2008. The judge denied the husband’s motion for relief from judgment under Indiana Trial Rule 60(B)(8) and did not hold a hearing on pertinent evidence before ruling on the prices set for the sale of real estate listed in a settlement agreement. The appellate panel pointed out that the trial judge on remand doesn’t need to modify the agreement terms or the agreement to provide for relief, but he could issue an order providing for additional terms if the agreements are silent. That point came up in a prior appellate decision in Rothschild v. Devos, 757 N.E.2d 219, 224 (Ind. Ct. App. 2001).

The justices unanimously denied six cases: The Board of Commissioners in the County of Allen, Commissioner Linda K. Bloom, Commissioner William Brown, Commissioner F. Nelson Peters v. Northeastern Indiana Building Trades Council, Kent L. Prosser, Mark Jarrell, Gregory Stoller, and Michael Kinder & Sons, Inc.; State of Indiana v. Stephen Alter; Karl Driver v. State of Indiana; Anthony Scott v. Saundra L. Walden; Estate of Verna D. Carter v. Holly F. Szymczak; and First Consumer Credit, Inc. v. Sho-Pro of Indiana, Inc.

A majority of justices also denied three others: Save Our School; Elmhurst High School v. Fort Wayne Community Schools and Fort Wayne Community Schools Board of School Trustees, in which Justice Robert Rucker would have granted transfer; Gary Nelson II v. State of Indiana, in which Justice Steven David would have granted transfer; and Robbie J. Bex v. State of Indiana, in which both David and Rucker would have granted transfer.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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