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Justices grant 3 transfers

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The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices examined a total 35 cases that were before them for possible transfer.

The City of Indianapolis, et al. v. Christine Armour, et al., No. 49S02-1007-CV-402, which the Court of Appeals had ruled on Dec. 30, 2009. The appeal stems from a class-action lawsuit involving 2004 sewer assessments, in which 30 property owners had paid up-front assessments of $9,278 apiece while other neighbors had started installment plans of $309 apiece. The city ultimately abandoned the Barrett Law in favor of a flat $2,500 fee apiece for future hookups. An appellate panel had ordered the city to issue refunds of $8,968 to the 30 households in the Northern Estates subdivision, but now the justices have accepted the case.

Matthew A. Baugh v. State of Indiana, No. 18S04-1007-CR-398, which comes from a 2-1 ruling in May by the Court of Appeals. The majority determined the defendant had waived his claim that the trial court failed to comply with the statutory requirements for making a sexually violent predator determination. Chief Judge John Baker and Judge Terry Crone ruled the issue waived because Baugh failed to object to the determination at sentencing, but Judge Carr Darden dissented and wrote: “How could a constitutionally competent attorney allow his client to suffer the consequences that befell Baugh without advising him of the statutorily required hearing, at which he could subject the experts' conclusions to the crucible of cross-examination?”

David Hopper v. State of Indiana, No. 13S01-1007-PC-399, in which the Court of Appeals had ruled in April that the requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless of whether a pro se defendant is choosing to plead guilty or go to trial.

In five of the other appeals that justices denied transfer on, three got a single vote supporting transfer while Justice Theodore R. Boehm didn’t participate in the transfer-denying decisions of two others. The justices also dismissed the case of Saul I. Ruman, et. al. v. Denise Benjamin, No. 64A05-0901-CV-39, in which the appellate court late last year had decided to affirm Denise Benjamin’s motion to correct error when the trial court had vacated an earlier summary judgment entry for Saul Ruman.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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