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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.