Supreme Court grants 3 transfers

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.