ILNews

Supreme Court grants 2 transfers

Jennifer Nelson
December 9, 2008
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The Indiana Supreme Court granted transfer to two cases, one in which the Indiana Court of Appeals reversed a high school student's convictions of battery and disorderly conduct after an altercation with school officials.

In Christopher Bailey v. State of Indiana, No. 49A02-0801-CR-65, Christopher Bailey's convictions stem from an incident involving the assistant principal and dean of students. After the assistant principal told him to pull up his pants, Bailey bumped into her arm and then threw down his drink and coat, balled his fists, and cursed at the dean.

The Court of Appeals reversed, ruling the state didn't prove Bailey conducted battery because it didn't show that he committed "knowing" battery when he walked into the assistant principal's arm. The appellate court reversed his disorderly conduct conviction because Bailey's behavior wasn't considered "tumultuous conduct" that would result in serious bodily injury or substantial property damage.

The high court also granted transfer to In re: The marriage of Robert Rovai v. Ann Marie Rovai, No. 45A03-0712-CV-600, in which the Court of Appeals found the dissolution court didn't err in failing to award post-judgment interest dating from the entry of the decree of a monetary award to Robert Rovai from Ann Marie Rovai. The appellate court wrote in a footnote that it recognized its analysis of caselaw on the topic "reflects a difficulty, if not an inability, to completely reconcile the various holdings." The appellate court also affirmed the court's decision of conditioning payment of the monetary judgment to Robert on any of three occurrences - that both children become emancipated, Ann Marie voluntarily sells the marital home awarded to her, or she marries or lives with someone else in the home. The trial court also didn't err in apportioning federal and state tax refunds for three years according to the respective income of the parties for the particular year.

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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