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The Indiana Supreme Court granted transfer to two cases last week, one involving a divorce dispute and another involving a juvenile’s commitment to the Department of Correction.
The justices unanimously granted transfer to Bradley Cooley v. Shelly Cooley, 23S-DN-245, and G.W. v. State of Indiana, 23S-JV-246.
Cooley involves an appeal of a dissolution decree.
The husband, Bradley Cooley, challenged the Morgan Superior Court’s order that he obtain a life insurance policy naming his ex-wife, Shelly, as owner and beneficiary. Shelly would pay the premiums, but her payments would be added to an equalization payment, meaning Bradley would essentially subsidize them.
Ruling on an issue of first impression, the Court of Appeals of Indiana agreed with Bradley and reversed the order, remanding to the trial court to determine either by agreement of the parties or by way of submissions or another hearing the cost of the life insurance premiums in light of his life expectancy.
However, the COA rejected Bradley’s argument that the trial court abused its discretion by failing to consider the tax consequences he would incur when he starts to draw on his pension and pay half of the benefits to Shelly, finding he invited any error.
The second case, G.W., involves a juvenile’s commitment to the DOC.
After G.W. was adjudicated as a delinquent for what would be Class A misdemeanor criminal trespass and theft if committed by an adult, he went missing and was found more than a week later in Mississippi.
At a dispositional hearing, G.W. testified that he felt lost and needed guidance. The juvenile court committed him to the DOC after noting he had been involved in the criminal justice system for most of his teenage life.
The appellate court affirmed that commitment in a memorandum decision.
Both cases will be argued Oct. 31 in the Supreme Court’s courtroom in the Indiana Statehouse. Cooley will be heard at 9 a.m. that day, followed by G.W. at 10 a.m.
The high court denied transfer to the remaining 17 cases before it last week, including in two cases where the justices split.
Chief Justice Loretta Rush and Justice Christopher Goff voted to grant transfer to Menard, Inc. v. Marilyn K. Terew, 22A-CT-1679.
There, the Court of Appeals determined a trial court did not abuse its discretion in admitting photographic evidence and expert testimony in a slip-and-fall case, but it also reversed the $4 million jury verdict, finding it excessive.
Goff also voted to grant transfer to Matthew Jack Todosijevic v. State of Indiana, 22A-CR-1965, a case in which the COA upheld the defendant’s Level 4 felony child molesting conviction. The defendant had argued that the trial court erred in granting the state’s motion to strike a juror and in admitting evidence related to a prior allegation of nonconsensual sex.
The full list of transfer decisions for the week ending Sept 8 is available online.
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