ILNews

High court grants, vacates transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer to a case regarding whether the Indiana Patient's Compensation Fund can introduce evidence of liability on an action seeking excess damages. The court also vacated a transfer in a case that involves an amendment to charging information that happened after the omnibus date.

The court granted transfer to Jim Atterholt, Commissioner of the Indiana Department of Insurance, as Administrator of theIndiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A. Herbst, deceased, No. 49A04-0702-CV-106. At issue is whether the Indiana Patient's Compensation Fund should have been allowed to argue that Jeffery Herbst had little chance of survival even absent any malpractice on the part of his healthcare providers. The estate countered that because the healthcare providers settled with the estate on its medical malpractice claim, the fund, by operation of statute, can't argue liability or causation and can only argue the amount of damages. The trial court granted partial summary judgment in favor of the estate, which the Indiana Court of Appeals affirmed.

The Indiana Supreme Court granted transfer to Michael Hill v. State of Indiana, No. 49S02-0804-CR-190, in April, but determined the transfer was improvidently granted after hearing arguments Thursday. Michael Hill appealed the trial court allowance of the state to amend charging information to add a count of attempted sexual misconduct with a minor against Hill after the omnibus date. The Indiana Court of Appeals ruled the trial court didn't err by allowing it; however, the state didn't present sufficient evidence to convict Hill on the charge, so it remanded to the trial court to vacate the conviction of attempted sexual misconduct with a minor.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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