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Tuesday, January 31, 2006

Ind. Decisions - Supreme Court issues two today

In Gene Lasater and Carolyn Lasater v. Donald House, Sr., et al., Justice Rucker writes:

The question presented is whether in a will contest the hearsay statements of a testator are admissible to prove undue influence. We conclude they are not.
In Karen C. Horseman v. J. Scott Keller, Justice Rucker writes:
The trial court affirmed a decision of the court-appointed Recount Commission that concluded J. Scott Keller was the winner of the 2003 election for the Marion County City-County Council District 16 seat. In so doing the trial court also declared unconstitutional an absentee voting statute. We previously announced (on February 11, 2005) that we agreed with the trial court’s conclusion concerning the ultimate outcome of the election. However, we disagree with its decision concerning the constitutionality of the statute and now write to explain our reasoning.
[Here is what the ILB posted at the time on the 2/11/05 order.]

Justice Rucker concludes today's 13-page opinion:

We affirm that portion of the trial court’s judgment that concluded the Recount Commission’s findings of voter intent were non-appealable findings of fact. We reverse that portion of the trial court’s judgment declaring unconstitutional Indiana Code section 3-12-1-13.

Posted by Marcia Oddi on January 31, 2006 12:59 PM
Posted to Ind. Sup.Ct. Decisions