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Supreme Court grants 3 transfers

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The Indiana Supreme Court granted three transfers Thursday to cases involving what manner an appellate court could reverse a revocation of probation, how to calculate guardian ad litem fees, and whether there is a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent.

At issue in Cornelius Cooper v. State of Indiana, No. 49A02-0709-CR-780, is whether Cornelius Cooper's probation should have been revoked and by what manner the appellate court was authorized to reverse a revocation. A majority believed Cooper was denied due process as a fundamental error, allowing the appellate court to review his untimely appeal of the revocation order. Judge Nancy Vaidik, in her concurring result in a separate opinion, believed Cooper's appeal should have been reviewed under Indiana Post-Conviction Rule 2. Judge Vaidik also noted in her opinion the disagreement in the Court of Appeals on whether a probation revocation order is appealable under Post-Conviction Rule 2, but she believed that right existed.

In the issue of first impression in the case In re: The paternity of N.L.P., No. 45A03-0805-JV-226, the appellate court ruled on guardian ad litem fees and ruled a GAL must differentiate between attorney and non-legal work when billing in a paternity case. The trial court in the case reduced court-appointed GAL Jill Swope's fees from $34,800 to $20,000 but didn't explain why it chose to reduce the fees to $20,000. The Court of Appeals remanded for further analysis of the fees based on the appellate opinion, which instructed trial courts to consider guidelines set out in Indiana Professional Conduct Rule 1.5 when deciding how to compensate for fees and expenses.

In Clay City Consolidated School Corp. v. Ronna Timberman and John Pipes II, No. 11A04-0802-CV-96, the Court of Appeals found a trial court committed reversible error in a suit against a school for the death of a student when it instructed a jury that Indiana law has a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. Timberman and Pipes sued the school corporation after their 13-year-old son died during a basketball practice. He had fainted two days earlier during practice but hadn't seen a doctor before his next practice. His death was attributed to ventricular fibrillation. His parents sued under Indiana's Child Wrongful Death Statute and won $300,000 following an order on remittitur from the court reducing the damages.

Noting that the trial court "reopened the proverbial can of worms" with this issue, the appellate court examined Indiana caselaw to conclude that state law doesn't conclusively contain a presumption either in favor or against 7- to 14-year-olds with respect to whether they can be found liable for negligent acts. The trial court misstated Indiana law when it informed the jury that state law contains a rebuttable presumption that children between the ages of 7 and 14 can't be found contributorily negligent. The Court of Appeals remanded for a new trial.

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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