Supreme Court grants 3 transfers

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The Indiana Supreme Court granted three transfers Tuesday, including a case regarding the state's "non-suspension rule," Indiana Code Section 35-50-2-2(b)(1).

In Julie A. Gardiner v. State of Indiana, No. 08A02-0810-CR-874, the Indiana Court of Appeals determined in a case of first impression that the state's "non-suspension rule" in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction. Because Julie Gardiner's prior unrelated Class D felony conviction wasn't reduced to a Class A misdemeanor at the time she was sentenced for a later drug conviction, her 20-year sentence stands.

The majority ruled if the Hamilton County trial court had immediately reduced Gardiner's prior felony to the misdemeanor, the Carroll Circuit Court would have had the discretion to order a suspended sentence. Since the Hamilton trial court postponed the reduction, Gardiner still had the Class D felony conviction on her record when she was convicted and sentenced for the Class A felony dealing in methamphetamine.

The majority noted it was frustrated by a sentencing scheme that illogically limits a judge's discretion and invited the legislature to consider amending the statutes to provide more judicial discretion.

Judge Elaine Brown dissented on the grounds she wouldn't give the non-suspension rule such a strict interpretation as to tie the trial court's hands in suspending a minimum sentence when circumstances warrant a modification.

In Jimmie Smith v. Champion Trucking Co., Inc. No. 93A02-0808-EX-701, the Court of Appeals reversed the dismissal of Jimmie Smith's application for adjustment of claim with the Indiana Workers' Compensation Board. Smith should be allowed to proceed with his workers' compensation claim that was pending at the time of his settlement with the driver who struck his truck while he was working, the court ruled.

"Thus, Smith correctly observes that there may be some potential, in furtherance of the humane purposes of the Act, for some supplemental payment from an employer after the injured employee has recovered from a third-party tortfeasor an amount less than the 'apparent worker's compensation benefits' before the worker's compensation claim was resolved," wrote the court.

The high court also granted transfer to Eric P. Sibbing v. Amanda N. Cave, individually and as the mother and guardian of Mercy M. Cave, minor, No. 49A02-0802-CV-165.The appellate court ruled the trial court didn't err in allowing into evidence Cave's testimony about medical tests and the cause of her pain. Cave was injured in a car accident when Eric Sibbing's car slammed into the back of hers. Cave filed a negligence suit against Sibbing, who admitted fault.

The judges disagreed about whether the court erred in granting Cave's motion to strike portions of Sibbing's expert medical witness's testimony.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. 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

  4. 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?)

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