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Supreme Court grants 5 transfers

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Indiana's top jurists granted transfer Wednesday in five cases and will consider issues involving physicians who leave foreign objects in a patient's body, parental termination hearings conducted without the parent, timely court-filing deadlines, and the sentencing options courts have after probation violations.

In Russell Prewitt v. State of Indiana, No. 10A04-0610-CR-589, the Court of Appeals in April reversed a Clark County case in which the judge revised a sentence after the defendant violated his probation. The appellate judges held that the lower court only had the authority to use one of three statutory options, not two as it did in ordering him to serve two years of a previously suspended sentence and then to enter a state hospital on his release. The sentencing options a trial court has on probation violations now becomes a key issue in the latest appeal for justices to consider.

A second transfer came in Chi Yun Ho, M.D. v. Loretta M. Frye and Thomas Hoffman, Personal Representative of the Estate of Charles Frye, No. 67A01-0603-CV-122, which is a medical malpractice case from Putnam Circuit Court. During a 2000 procedure on Frye, Dr. Ho and the surgical nurse and technician reported he had retrieved the number of sponges used during the surgery. But in 2001, it was discovered a sponge had been left in her abdomen and she needed additional surgeries to remove it, an abscess, and to heal the wound. She eventually sued and ultimately accused the doctor of negligence for failing to remove the sponge; the trial court denied a motion for summary judgment. But on appeal, the Court of Appeals reversed and remanded for a new trial in that Frye was entitled to partial summary judgment because the doctor didn't carry his burden of proof.

Justices will also consider Erica Lockett v. Marion County Department of Child Services and Child Advocates, Inc., No. 49A02-0611-JV-995, which involves an involuntary parental termination hearing conducted in the absence of a mother. She claimed that violated her due process rights, and both the trial court and appellate judges found this didn't violate her rights.

The high court also granted transfer in State of Indiana v. Universal Outdoor, Inc., No. 49A05-0609-CV-536, involving a court-filing deadline for exceptions to appraisers' reports. The appeals court held in April that exceptions are timely if filed within 20 days of the filing of the appraisers' report but no later than 20 days after the county clerk sends notice of the report to the parties.

A fifth transfer came in Sophia Willis v. State of Indiana, No. 49A02-06110-CR-982, which involved a Court of Appeals decision from May delving into the legal distinctions between corporal punishment and child battery. That appeal affirmed a Marion Superior Court judgment finding sufficient evidence to convict a mother for spanking her son with a belt or extension cord. (See separate Indiana Lawyer Daily story.)

The justices also granted transfer this morning in a sixth case but remanded it without an opinion to the Court of Appeals. That case, Melonee Cooper v. State, No. 26A05-0701-JV-55, involves parental rights and the timely notice of appeal. The appellate court had dismissed it in April, but the justices ruled they should not have done so and should consider issuing an order clarifying all briefing-related deadlines.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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