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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. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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