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Justices take 3 cases

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The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.

In Annette (Oliver) Hirsch v. Roger Lee Oliver, No. 29S02-1109-DR-530, the Indiana Court of Appeals was split in a child support case on what state statute defines as “enrolled” in college. Father Roger Lee Oliver petitioned to have his youngest daughter emancipated after she withdrew from college courses less than two weeks after starting classes.

The majority held the trial court should have found that the daughter was enrolled in college, regardless if she completed courses or not, and that she wasn’t capable of supporting herself despite having a job. Judge John Baker dissented on the emancipation date, as the relevant statute – Indiana Code 31-16-6-6 – doesn’t define “enroll.” The judge also believed the majority reweighed evidence in coming to their decision.

In Hannah Lakes v. Grange Mutual Casualty Co., No. 89S05-1109-CT-531, the Court of Appeals reversed summary judgment for Grange Mutual, finding that Hannah Lakes was entitled to underinsured motorist coverage under her sister’s policy and that $44,900 is available to her under Grange Mutual’s coverage. Lakes was riding in the car driven by her sister Anitra when they were in a car accident. The trial court had found that the other driver was not underinsured so Lakes wasn’t entitled to UIM benefits under Anitra’s policy.

According to the transfer list, the justices also accepted Robert L. Smith v. State of Indiana, No. 49S1109-CR-529, on Aug. 10. That case did not appear before the COA.

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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