ILNews

Supreme Court grants 3 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer late last week to three cases to rule on issues of double recovery, evidence obtained through search warrants, and emotional distress.

The court granted transfer to Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes appealed the Indiana Worker's Compensation Board's denial of his petition for compensation from the Second Injury Fund. Mayes argued his settlement with a third-party tortfeasor shouldn't bar his recovery as a matter of law. At issue in the appeal is Indiana Code Section 22-3-2-13, which prevents double recovery. The Court of Appeals affirmed the board's decision, finding Mayes failed to carry his burden to prove he was entitled to compensation from the fund, and even if he was, he failed to prove further compensation would not result in double recovery.

In Willie Eaton v. State, No. 89A04-0611-CR-641, the Court of Appeals reversed Eaton's convictions of dealing cocaine and possession of marijuana following a jury trial because the evidence obtained during a second warrant was gained by the state because of the unlawful search of Eaton's residence under the first warrant. The state's request for the first warrant did not set forth facts that constitute probable cause to search Eaton's home.

Finally, the court granted transfer by opinion in State Farm Mutual Automobile Insurance Company v. D.L.B., No. 89S05-0802-CV-102, and two other cases to decide the issue of emotional distress claims. The Supreme Court found D.L.B., a minor child, could not make a claim of emotional distress through State Farm because he was not directly involved in the accident he witnessed that killed his cousin. For more information on this case, read the Feb. 29 story from Indiana Lawyer Daily.
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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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