ILNews

Justices accept 5 cases

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.

In Rebecca D. Kays v. State of Indiana, No. 42S05-1107-CR-441, the Indiana Court of Appeals reversed the restitution order entered against Rebecca Kays following her conviction of misdemeanor battery. The trial court ordered she pay $1,500 to the victim but didn’t adequately consider her ability to pay. Kays lived on $647 in monthly Social Security benefits.

The appellate court found that 42 U.S.C.A. Section 470(a) precludes the trial court from considering SSI in determining the ability to pay restitution. Judge Melissa May wrote this approach follows the purpose of Social Security benefits, which is to assure that the recipient’s income is maintained at a level viewed by Congress as the minimum necessary for the subsistence of that person. The case was remanded to the trial court to determine how much Kays is able to pay.

In Sheila Perdue, et al. v. Anne W. Murphy, et al., No. 49S02-1107-PL-437, the COA found the Family and Social Services Administration’s adverse notices pertaining to public benefits programs that do not name specific missing eligibility documents don’t comport with the requirement of procedural due process.

The American Civil Liberties Union of Indiana sued the FSSA on behalf of people who have applied for or receive public benefits. The lawsuit seeks to enjoin the state agency from issuing adverse action notices regarding Medicaid, Temporary Assistance to Needy Families and the Supplemental Nutrition Assistance Program.

If an applicant is denied benefits, he will receive a generic notice alleging failure to cooperate, but the notice does not specify what verification document was missing. A Marion Superior court found the FSSA procedures as a whole satisfied procedural due process, but issued a declaratory judgment and injunction against FSSA because the agency had violated federal law governing SNAP by utilizing a “failure to cooperate” standard as opposed to a “refusal to cooperate” standard. The COA reversed on the due process issue and affirmed the declaratory judgment and injunction regarding SNAP.

In Rodney Nicholson v. State of Indiana, No. 55S01-1107-CR-444, the Court of Appeals was divided in reversing Rodney Nicholson’s stalking conviction. The decision looked at the term “repeated” in Indiana’s anti-stalking laws and the majority held that the state didn’t prove Nicholson’s conduct under the stalking statute was “repeated or continuing” harassment. The majority noted that the Legislature hadn’t put definitive time limitations in the statute.

Judge Cale Bradford dissented, believing the gap of time between the repeated conduct aimed at the same victim is a “non-factor” under the wording of the statute.

In Harold J. Klinker v. First Merchants Bank, N.A., No. 01S04-1107-PL-438, the Court of Appeals affirmed summary judgment for First Merchants Bank in its complaint for fraud and damages against Harold Klinker, who had borrowed money to buy cars for his used car dealership. Although the trial court should have considered Klinker’s affidavit in opposition to the motion for summary judgment, as the appellate court found the affidavit was properly designated in his memorandum, the trial court was correct in granting summary judgment for the bank.

The justices also took Hugh David Reed v. Edward Reid, Reid Machinery Inc., et al., No. 40S01-1107-PL-436, a civil case out of Jennings County that has not been heard by the Court of Appeals.

The high court denied transfer to 25 cases. The justices didn’t accept or deny any cases for the week ending July 15.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT