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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in Cornelius Cooper v. State of Indiana, No. 49A02-0709-CR-780, is whether Cornelius Cooper's probation should have been revoked and by what manner the appellate court was authorized to reverse a revocation.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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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