ILNews

Supreme Court grants 3 transfers

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court granted transfer this week to three cases, including a first impression case involving whether someone who has drugs within 1,000 feet of a youth program center run in a church can have their conviction enhanced.

In Walker Whatley v. State of Indiana, No. 49A02-0809-CR-808, the Indiana Court of Appeals reversed Walker Whatley's Class A felony conviction of possession of cocaine, ruling he wasn't within 1,000 feet of a "youth program center" because the building is a church running mostly faith-based programs. The issue of felony enhancement for a violation of a "drug free zone" defined as a youth program center hadn't been the subject of an Indiana decision.

Whatley argued because the church doesn't bear an identifier to say it's a "youth program center," the statute provides no basis for people to know if they are within 1,000 feet of one.

Examining cases from other jurisdictions, the appellate court unanimously decided the church was and remains a church and isn't converted into a youth program center by reason of its faith-based activities for young people. The pastor of the church even testified that all of the services and events for children are essentially faith based.

In Travelers Indemnity Company of America v. Jerry Jarrells, No. 29A02-0807-CV-669, the appellate judges couldn't agree on the application of a previous case involving the set-off of workers' compensation payments, which led to a split court and three separate opinions. The case involved Travelers Indemnity Co.'s attempt to recoup a portion of workers' compensation benefits following a jury trial.

Judges Carr Darden, Nancy Vaidik, and Patricia Riley disagreed as to the application of Pendleton v. Aguilar, 827 N.E.2d 614, 621 (Ind. Ct. App. 2005), to the instant case. The majority - Judges Darden and Vaidik - found Travelers was entitled to summary judgment but for different reasons. The majority presumed the jury followed the trial court's instructions and applied the law contained within it; thus, Travelers is entitled to a statutory lien and or reimbursement, wrote Judge Darden. Judge Patricia Riley dissented, writing the majority attempts to distinguish Pendleton on the basis it involves an insurer seeking a pro rata reimbursement, but she believes Pendleton is on point for the situation in the instant case.

The majority remanded the case with instructions to enter judgment in favor of Travelers and to determine the value of Travelers' lien and pro rata share for purposes of reimbursement.

In Foundations of East Chicago Inc., et al. v. City of East Chicago and State of Indiana, No. 49A02-0711-CV-987, the appellate court affirmed the trial court order dismissing Foundations of East Chicago's complaint challenging legislation that allowed the city of East Chicago to exercise its authority to select recipients of economic funding provided by a riverboat casino. The city has always had the authority to enact an ordinance to modify the arrangement between casino operators, organizations, and the city, regardless of Section 302 of the 2007 Budget Act. Judge Elaine Brown concurred in result with Chief Judge John Baker in the appeal; Melissa May dissented, for the same reasons as she did in City of East Chicago v. East Chicago Second Century, Inc., 878 N.E.2d 358, 365-68 (Ind. Ct. App. 2007).

Foundations asked for transfer for the high court to decide whether the decision usurped the Gaming Commission's regulatory authority and the attorney general's power to investigate local development agreement issues on the commission's request; whether in holding East Chicago could "always" alter or terminate the agreement contravenes the Supreme Court's ruling in Zoeller v. East Chicago Second Century Inc., 904 N.E.2d 213 (Ind. 2009); and whether other issues involving the 2007 Budget Act merit the high court's review in resolving an overall controversy in which it has granted transfer in two related cases, one awaiting a decision. Foundations also questions whether the ruling in the instant case interferes with the high court's exclusive transfer jurisdiction and prior decisions that judgments are res judicata pending appeal until reversed.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT