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Supreme Court emancipation, support ruling draws sharp dissent

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A 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward her education resulted in a tough dissent from two veteran justices.

In Annette (Oliver) Hirsch v. Roger Lee Oliver, 29S02-1109-DR-530, the majority ruled that father Roger Lee Oliver was not obligated to provide educational support for his daughter Courtney. Evidence in Hamilton Superior Court showed the daughter had dropped classes, and the majority of justices remanded the case for the court to determine the proper date of emancipation and accordingly calculate the amount of the father’s overpayment.

The opinion written by Justice Steven David was joined by Justice Mark Massa and Chief Justice Brent Dickson.

“We cannot conclude that the trial court abused its discretion,” David wrote in a decision that reversed a divided Court of Appeals decision that overturned the trial court’s ruling. “Although the (Court of Appeals) majority’s analysis of the evidence is intricate, we believe that the analysis is simply a reweighing of the evidence, which is not permitted under the applicable standard of review. The dissent is correct in noting the evidence supported the trial court’s decision on this issue, and we should not second-guess the trial court’s determination when it is in the best position to judge the credibility of witnesses. Accordingly, we affirm the trial court’s ruling on post-secondary educational expenses.”

At issue was the breadth of the definition of “enrolled” and whether a student who withdraws from courses still may be entitled to educational support past the age of emancipation. “When an adult child fails to pursue secondary or post-secondary education as defined in the statute and is also capable of supporting himself or herself, there is no reason for the parents to be legally required to support the adult child,” David wrote.

But Justice Frank Sullivan, in a dissent joined by Justice Robert Rucker, said “the Court has impermissibly rewritten and incorrectly interpreted Indiana Code section 31-16-6-6. .... The Court says that when the circumstances described in Indiana Code section 31-16-6-6(a)(3) exist, then a child is emancipated for purposes of Indiana law. This is not correct.”

“If the Legislature intended the circumstances of subsection (a)(3) to constitute emancipation, it would have either included those circumstances within subsection (a)(1) or defined “emancipation” in subsection (b) to include them.

“That having been said, I acknowledge that with the Legislature’s recent action reducing the age of emancipation from 21 to 19 effective July 1, 2012, … the consequences of the Court’s decision are likely to be insignificant.”
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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