ILNews

Supreme Court grants 5 transfers

Back to TopCommentsE-mailPrintBookmark and Share
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.
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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT