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Justices take 5 cases

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The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.

The justices will hear Teresa Meredith, Dr. Edward E. Eiler, Richard E. Hamilton, Sheila Kennedy, Glenda Ritz, et al. v. Mitch Daniels, in his official capacity as Governor of Indiana, Dr. Tony Bennett, et al., No. 49S00-1203-PL-172, which is the constitutional challenge to the Indiana Choice Scholarship Program. The high court took the case directly from the trial level. A Marion Superior judge ruled the voucher program that allows parents to send their children to private schools, is constitutional.

The justice took Virginia Garwood and Kristin Garwood v. Indiana Department of State Revenue, No. 82S10-1203-TA-171, in which Tax Judge Martha Wentworth ruled against the state department regarding its use of a criminal tax evasion tool – jeopardy tax assessments – to go after Virginia and Kristin Garwood, whom the state alleged were running an illegal puppy mill. Wentworth ruled the state didn’t prove it had enough justification to issue the jeopardy assessments in this situation.

The high court will also hear:

In the Matter of: T.N.; G.N. v. The Indiana Dept. of Child Services and Child Advocates, Inc., No. 49S05-1203-JC-165, in which the Indiana Court of Appeals found that a father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing. The appellate court held that fact-finding and dispositional hearings in a child in need of services case aren’t interchangeable.

Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Company, No. 12S02-1203-CT-170, which deals with material misrepresentations on an application for homeowners’ insurance and whether American Family Mutual could deny the Dodds’ claim after their garage was destroyed by a fire. The appellate court found disputes of material fact and ordered the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.

Jesse J. Harris, Jr. v. State of Indiana, No. 34S02-1203-CR-169, which in a not-for-publication opinion, the Court of Appeals affirmed Harris’ convictions of and sentence for felony murder and two counts of Class A felony attempted murder.

The justices also denied 18 cases for the week ending March 16.

 

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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