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Justices take 3 cases

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The Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals lengthened a man’s sentence.

In Jeffrey E. Akard v. State of Indiana, No. 79S02-1009-CR-478, the Court of Appeals increased Jeffrey Akard’s sentence for rape and other convictions by 25 years. Akard claimed his sentence for multiple counts of rape, criminal deviate conduct, criminal confinement, and battery was inappropriate and should be revised to run concurrently so he would have a 40-year sentence.

But the judges decided to lengthen his 93-year sentence to 118 years because his is a “most unusual case,” citing Indiana Supreme Court Justice Theodore Boehm's concurring opinion in McCullough v. State, 900 N.E.2d 745, 750 (Ind. 2009). The judges found the trial court sentenced Akard below the statutory minimum on several counts. The appellate court upheld Akard’s increased sentence in a rehearing in June.

In Howard Regional Health System, et al. v. Jacob Gordon, et al., No. 34S02-1009-CV-476, the Court of Appeals held if a hospital or medical provider loses records so that a patient can’t pursue a medical malpractice claim, state law lets that patient pursue a separate civil action for spoliation of evidence. The judges found a private cause of action is established under Indiana Code Section 16-39-7-1 regarding the consequences of violating the state’s medical record retention statute.

Jacob Gordon’s mother, Lisa, filed a medical malpractice suit and asked for evidence from the hospital where Jacob was born. Howard Community Hospital took 18 months to tell her that the information couldn’t be found. The appellate court affirmed partial summary judgment against the hospital for spoliation of evidence.

In Kevin Taylor v. State of Indiana, No. 20S04-1009-PC-477, the Court of Appeals split on the impact of a jury instruction on robbery in Kevin Taylor’s trial. Taylor was convicted of felony murder during a robbery; he filed for post-conviction relief claiming ineffective assistance of trial counsel because his attorney didn’t object to the final instructions, which did not instruct on the elements of robbery.

The judges held Taylor met his burden of showing the post-conviction court erred by ruling his counsel hadn’t performed deficiently, but only Judge Cale Bradford believed Taylor wasn’t prejudiced by his attorney’s performance. The majority remanded for a new trial.
 

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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