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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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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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