ILNews

Supreme Court grants 3 transfers

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

ADVERTISEMENT