Indiana Supreme Court.
J.M., Appellant (applicant below), v. M.A., et al., Appellees (required below).
Nr. 20S04–1012–CV–676.
Resolved: June 23, 2011
David C. Kolbe, Warsaw, IN, counsel for the applicant. Gregory F. Zoeller, Indiana Attorney General, Frances H. Barrow, Assistant Attorney General, Indianapolis, IN, Counsel to Defendants.
Referring to Indiana Circuit Court of Appeals Transfer Petition No. 20A04-0911-CV-640.
About a decade after J.M. After the state signed a paternity declaration, it filed for a child support order on behalf of the child's mother. In the course of this process, the lower court denied J.M. set aside the paternity affidavit on the grounds that his absence from a previous child support hearing confirmed his signing of the affidavit. We reversed the lower court's paternity decision and refiled this case to help J.M. the ability, agreed by the parties at the hearing, to contest the paternity claim in the manner described in our Code.
Facts and procedural history
JM and Mom began dating in 1998 when T.H. I was already four months pregnant. The then seventeen-year-old J.M. signed on the day his mother W.H. gave birth, an affidavit of paternity. acknowledge that he was the father. MA is the custodian of WH and receives benefits from the Elkhart County Title IV D Bureau.1
The Elkhart County Attorney's Office filed an "Application for Acceptance of Child Support and Health Insurance Coverage" on April 7, 2009, and the court scheduled a hearing for May 22, 2009. JM (He said he was traveling out of state and attempts to find an attorney were unsuccessful.) The friend recorded the news on a court "minute sheet" and presented it on the day of the hearing. The lower court denied proceeding and conducted the hearing, concluding that J.M. It took over a month to find a lawyer. The court then entered a default judgment and a temporary alimony order, ordering that J.M. appear for a compliance hearing.
On August 11, 2009, J.M., now a lawyer, filed a lawsuit to have the declaration of paternity set aside. The lower court heard that motion at the same time as the September 15, 2009 enforcement hearing. The lower court found that J.M. at the [support hearing] the previously signed declaration of paternity was ratified.” (App. at 23.) The court noted:
It is the practice of this Court, upon timely filing or request, to require DNA testing for children who sign declarations of paternity before the age of 18 (eighteen), unless there is some form of ratification of that order. Mother states that she was four (4th) months pregnant when she and Mr. Hill began their whore affair and that [J.M.] knew at the time of the child's birth that he was not [W.H.'s] biological father. [W.H.].
(App. am 23.)
JM appealed, stating that its motion to set aside the paternity test was a motion to set aside the Indiana Rule of Trial 60(B) judgment. The Court of Appeals agreed, finding that the lower court had abused its discretion in finding J.M. revoke the declaration of paternity. JM v. M.A., 928 N.E.2d 230 (Ind.Ct.App.2010). The court also concluded that the mother's testimony that J.M. If the biological father was not approved by the state, pre-trial detention for genetic testing was not necessary. I walked. at 239. Accordingly, the Court of Appeals ruled that the paternity claim be void and reversed the lower court's order in which J.M. such as the legal parent and the child support order. We grant a transfer. JM v. M.A., 940 N.E.2d 832 (Ind.2010) (table).
Standard Paternity Application
A declaration of paternity establishes paternity and establishes the rights and responsibilities of parents, including the right to child support, health insurance and parental leave. Ind. § 16-37-2-2(h) (2008). The Indiana Code also provides very restrictive circumstances for terminating a paternity claim.
(j) A declaration of paternity duly prepared under this Section may be revoked no later than sixty (60) days after the declaration of paternity was signed, unless a court:
(1) determined that there was fraud, coercion or a material error of fact in the performance of the paternity declaration; It is
(2) At the request of a man referred to in paragraph (i), he has ordered a genetic test and the test shows that the man is disqualified from being the father of the child.
Ind. § 16-37-2-2(j). The law specifically requires fraud, coercion or material error at the time of enforcement and genetic testing that excludes the man as the biological father of the child. The statute further states:
(1) The Court may set aside the claim of paternity only if a genetic test ordered under subsection (i) or (j) excludes the person making the claim as the biological father of the child.
Ind. § 16-37-2-2(1). Item (i) limits the signer of the Paternity Declaration to 60 (sixty) days from the date of signing to submit an application for genetic testing. To testify to J.M. therefore, the lower court must find in subsection (j) that at the time J.M. The testimony was taken and a genetic test should exclude him as the biological father.
J.M.'s petition alleged facts which, if formally proven, could demonstrate that a material error may indeed have occurred at the time he made the declaration of paternity. He indicated that he signed the declaration believing he was doing so to enable guardianship to be established. He further claimed that he was a minor and acted without legal representation. (App. at 15.) The lower court's decision that J.M. In the confirmed maintenance hearing, the statement was false. As J.M. answered the court's question about the plain language of the affidavit that J.M. Being a minor and not highly educated, the Presiding Commissioner replied, "I think he should have attended the scheduled hearing," referring to the first supporting hearing. (Tr. in 6.) It was characteristic of the commissar's behavior.
The Court of Appeal ruled that since the mother testified that J.M. was not W.H.'s biological father, and the state admitted at a hearing that J.M. is not the father, a renewed order for a genetic test is not necessary. J.M., 928 N.E.2d at 236. However, the statutes at this point expressly state that a court can set aside a paternity claim only if the paternity test disqualifies the man as the biological father. The words of the parties or the agreement between the parties cannot replace legal requirements.
In conclusion, I would like to say that J.M. requested that we order the case reassigned to a new detective in custody. We see no reason to, as J.M. The ability to submit a request for a change of judge under Rule 76(C)(3) of the Rules of Procedure will be revived following a waiver and the Presiding Commissioner will no longer act as bailiff.
Diploma
We understand that the default order will only affect the process and the child support order. We have J.M.'s denial. reversed. to be canceled and sent back to J.M. to send. may be heard in your motion to reverse paternity in a manner consistent with the Indiana Code.
FOOTNOTES
1.Title IV–D is a term describing the child support enforcement program of the federal Social Security Act. See U.S.C. §§ 601-680 (2006). Under the terms of Title IV-D, the State attempted to obtain from W.H. collect maintenance for the child. by J.M. in 2009. (App. at 1, 12.)
SHEPARD, President of the Tribunal.
DICKSON, SULLIVAN, RUCKER and DAVID, JJ. agree.
FAQs
What are the 3 opinions that the Supreme Court can issue when they decide a case? ›
Each opinion sets out the Court's judgment and its reasoning and may include the majority or principal opinion as well as any concurring or dissenting opinions.
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What are the different types of opinions for Supreme Court cases? ›- A majority opinion is a judicial opinion agreed to by more than half of the members of a court. ...
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The Court does not give advisory opinions; rather, its function is limited only to deciding specific cases.
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Opinions of the California Supreme Court and the Courts of Appeal are public record, whether published or unpublished.
What are the two main types of cases heard in the Supreme Court? ›The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case.
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What is the rule of 4? ›The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.
What can the Supreme Court do if a law is unconstitutional? ›The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself.
Why do courts not publish opinions? ›Non-publication of legal opinions is the practice of a court issuing unpublished opinions. An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value.
Where can I read court for free? ›- SCOTUSblog. ...
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Thomas is also known to write more concurring opinions or dissents than other justices on the court.
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Federal courts may overrule a state supreme court decision only when there is a federal question which springs up a federal jurisdiction.
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When has the Supreme Court been wrong? ›| Overruled decision | Overruling decision |
|---|---|
| Apodaca v. Oregon, 406 U.S. 404 (1972) | Ramos v. Louisiana, 590 U.S. ___ (2020) |
| Walton v. Arizona, 497 U.S. 639 (1990) | Ring v. Arizona, 536 U.S. 584 (2002) |
| Harris v. United States, 536 U.S. 545 (2002) | Alleyne v. United States, 570 U.S. 99 (2013) |
Brown v. Board of Education is perhaps one of the most famous cases to have gone through the US Supreme Court. The landmark 1954 case saw justices rule unanimously that the racial segregation of children in public schools was unconstitutional.
What is one famous Supreme Court case that you have heard of in the past? ›In Plessy v. Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of "separate but equal." The National Association for the Advancement of Colored People disagreed with this ruling, challenging the constitutionality of segregation in the Topeka, Kansas, school system.
Why aren t Supreme Court decisions final? ›Are Supreme Court decisions final? Yes, in the sense that they can't be overturned by another body. But no, in the sense that the court can overturn or change its own precedent over time, as it did with odious decisions allowing racial segregation or with last month's reversal of the 1973 decision in Roe v.
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Most appeals are final. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.
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Do states have to follow Supreme Court decisions? ›Mandatory Authority
All courts, federal and state, are bound by the decisions of the U.S. Supreme Court on U.S. Constitutional and other issues of federal law. In the federal courts, circuit courts tend to follow decisions previously issued within that circuit.
A decision of the California Supreme Court would thus bind other California state courts, not state courts in any other state. However, sometimes a federal court must apply a state's law.
Can states go against Supreme Court decisions? ›Indeed, James Madison—arguably the most important architect of our Constitution—contended that state governments have a legitimate right to defy the Supreme Court when the Court oversteps its constitutional authority.
What can a judge issue to legally make something happen or stop something from happening? ›An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
What are 4 kinds of cases that can only be heard in the Supreme Court of British Columbia? ›Divorce, separation, dividing family property, child support, spousal support, parenting issues, adoption, etc.
What are 8 type cases heard by the Supreme Court? ›- Cases that deal with the constitutionality of a law;
- Cases involving the laws and treaties of the U.S.;
- Cases involving ambassadors and public ministers;
- Disputes between two or more states;
- Admiralty law;
- Bankruptcy; and.
- Habeas corpus issues.
While the Constitution does not explicitly give the Court the power to strike down laws, this power was established by the landmark case Marbury v. Madison, and to this day, no Congress has ever seriously attempted to overturn it. Abolishing judicial review entirely is unlikely to occur anytime soon.
Which two laws did the Supreme Court declare to be unconstitutional? ›1857 Dred, Scott v. Sandford, 19 How. 393. Declared unconstitutional the "Missouri Compromise", Act March 6, 1820, on the ground that an act which prohibited a citizen from owning certain property in terri- tory north of a certain line and granted the right to others was not warranted 'by the Constitution.
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The principle of absolute immunity shields government officials from being sued while they serve in an official capacity, and it extends to judicial officers including court judges.
What is the majority opinion in a Supreme Court case? ›The majority opinion is an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
What is meant by the term stare decisis? ›Stare decisis, Latin for to stand by things decided, 1. The full Latin phrase is stare decisis et non quieta movere—stand by the thing decided and do not disturb the calm.
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What is an example of a violation of the rule of law? ›Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.
Can the president overturn a Supreme Court decision? ›When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
What are the 3 main opinions of the court? ›Opinions, Dissenting Opinions, and Headnotes
When several judges are sitting on the court that hears the case, the decision of the court can be unanimous, split, or determined by a simple majority.
The Court's Jurisdiction
Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court's task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied.
What are the three formats most court opinions are published in? ›U.S. Supreme Court opinions are published in three different reporters: (1) United States Reports (U.S.), which is the official reporter; (2) Supreme Court Reporter (S. Ct.), published by West; and (3) United States Supreme Court Reports, Lawyers' Edition (L. Ed., L. Ed.
What are two important Supreme Court cases? ›
- Marbury v. Madison (1803) ...
- McCulloch v. Maryland (1819) ...
- Gibbons v. Ogden (1824) ...
- Dred Scott v. Sandford (1857) ...
- Schenck v. United States (1919) ...
- Brown v. Board of Education (1954) ...
- Gideon v. Wainwright (1963) ...
- Miranda v. Arizona (1966)
Most of the cases the Supreme Court hears are appeals from lower courts.
What are the two 2 types of cases that get heard by the Supreme Court? ›The United States Supreme Court is a federal court, meaning in part that it can hear cases prosecuted by the U.S. government. (The Court also decides civil cases.) The Court can also hear just about any kind of state-court case, as long as it involves federal law, including the Constitution.
What 3 types of cases does the Supreme Court have exclusive jurisdiction over? ›The Supreme Court's original jurisdiction applies to cases involving: disputes between states, actions involving various public officials, disputes between the United States and a state, and proceedings by a state against the citizens or aliens of another state.
What are the two types of jurisdiction that a court must have to hear a case and render a binding decision over the parties? ›Personal jurisdiction is the requirement that a given court have power over the defendant, based on minimum contacts with the forum. Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court.
What is the most important legal influence on Supreme Court decisions? ›Faced with a court ruling that overturns one of its laws, Congress may rewrite the law or even begin a constitutional amendment process. But the most significant check on the Supreme Court is executive and legislative leverage over the implementation and enforcement of its rulings.