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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. 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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