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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

ADVERTISEMENT