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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court found disputes of material fact and ordered the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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