ILNews

Supreme Court grants 5 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted five transfers within the past week to cases dealing with traffic stops, life insurance polices, unpaid medical expenses, modification of a custody order, and plea agreements.

The high court granted transfer and released its opinion yesterday in Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, involving a traffic stop and Sergio Campos' arrest after police found drugs in the car. A story in today's Indiana Lawyer Daily covers the Campos case in more detail.

The Supreme Court granted transfer April 30 to Estate of Jerome Mintz v. Connecticut General Life Insurance Co. and Wayne E. Gruber, No. 49A05-0609-CV-532. At issue is whether the trial court erred in granting summary judgment in favor of Wayne E. Gruber on the estate's negligence claim and whether the court erred in granting summary judgment in favor of Connecticut General as to the estate's vicarious liability, negligence, and bad faith claims. Jerome Mintz was retiring and needed to convert his group life insurance policy into an individual policy. Mintz, who died before the suit concluded, didn't properly convert his policies because he believed Gruber had taken care of the conversion. When Connecticut General wouldn't allow the entire value of the group policy converted into his individual policy, the Mintzes brought a suit against Gruber and Connecticut General. The appellate court affirmed the decision of the trial court.

Transfer was also granted Wednesday in James Butler, as personal representative of Nondis Jane Butler, deceased v. Indiana Department of Insurance, et al., No. 49A05-0612-CV-742; In the Matter of the Paternity of K.I., by grandmother and next friend, Juanita Ivers v. Jeremy Hensley, No. 13A05-0706-JV-329; and Bruce Wayne St. Clair Jr. v. State of Indiana, No. 76A03-0708-CR-361.

At issue in Butler is whether the trial court erred in admitting evidence regarding payments and benefits from Medicare and Medicaid in violation of the collateral source rule and whether the court erred by denying the estate's request to recover Nondis Jane Butler's unpaid medical expenses pursuant to the Indiana Adult Wrongful Death Statute. The appellate court affirmed the judgment of the trial court.

In Ivers, the appellate court reversed the trial court's ruling that awarded custody of K.I. to Jeremy Hensley from Juanita Ivers and granted Ivers visitation. The appellate court remanded for a determination of whether the parental presumption had been overcome and if so, whether a modification is in the best interest of K.I. and whether there had been a change in one or more of the relevant statutory factors.

At issue in St. Clair is whether Bruce W. St. Clair waived his right to a direct appeal by entering a plea agreement with a fixed plea. The trial court denied St. Clair's petition, but the appellate court reversed it, finding he had an open plea and met the requirements of Post-Conviction Rule 2. The Indiana Court of Appeals remanded the issue so that St. Clair would have the opportunity to argue for a lesser sentence in accordance with his open plea agreement.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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