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Justices decline injured officer’s benefits case

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The Indiana Supreme Court will leave in place the amount of disability benefits an Indianapolis police officer will receive after he was shot in the line of duty.

The justices declined to take Jason A. Fishburn v. Indiana Public Retirement System, 49A02-1305-MI-391, in which Indianapolis Metropolitan Police Department Officer Jason Fishburn challenged the method used to calculate an additional monthly benefit. He argued since he has a 45-percent impairment, he should be entitled to 45 percent in additional benefits, for a total of 90 percent of his officer salary. His disability benefits are based on the benefit for a Class 1 impairment of 45 percent.

The Indiana Court of Appeals upheld the calculation of 45 percent – the base monthly benefit for a Class 1 impairment – plus 34.85 percent in the additional monthly benefit.  

The Supreme Court granted transfer last week and issued opinions reducing the sentences imposed on two Anderson juveniles convicted in a double homicide.

The justices vote 3-2 to vacate transfer to State of Indiana v. Molly Gray, 62S01-102-CR-76, in which the Court of Appeals affirmed on interlocutory appeal suppression of evidence collected from Molly Gray’s van that was used to charge her with possession of methamphetamine. Justices Steven David and Mark Massa voted to keep the case.

The high court also denied transfer to 9 other cases for the week ending June 6.

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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