Justices take 6 cases

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The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.

In State of Indiana v. Andy J. Velasquez II, No. 53S05-1105-CR-280, the state appealed following the acquittal of Andy Velasquez for Class A felony and Class C felony child molesting of his stepdaughter. The state argued, among other issues, that the trial court abused its discretion by concluding the testimony of clinical social worker Judy Kline, psychologist Dr. Jennifer Spencer, and victim G.S.’s grandmother constituted vouching testimony.

The Indiana Court of Appeals found the trial court erred in excluding their testimonies, but double jeopardy grounds barred a second trial since Velasquez had been acquitted.

In Keith M. Ramsey, M.D. v. Shella Moore, et al., No. 45S05-1105-CT-281, the Court of Appeals affirmed the denial of Methodist Hospital’s motion to dismiss Shella Moore’s proposed medical malpractice claim, but reversed the denial of Dr. Keith Ramsey’s motion to dismiss Moore’s medical malpractice complaint against him. The appellate court was split as to whether the trial court’s disposition in this case was final.

In Indiana Department of Insurance, et al. v. Robin Everhart, No. 84S01-1105-CV-282, the Court of Appeals reversed the judgment in favor of Robin Everhart on her claim against the Indiana Patient’s Compensation Fund. The judges held it isn’t consistent with Supreme Court precedent to hold the fund liable for more than the increased risk of harm that the doctor caused. Several months later, the appellate court split in denying a rehearing on the matter.

Judge Margret Robb wanted to grant the rehearing and believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323 in the original opinion. Section 323 outlines that one is liable for harm to another if the failure to exercise reasonable care increases the risk of such harm. It allows the plaintiff to avoid summary judgment on the issue of proximate cause even when there was a less than 50 percent chance of recovery absent the negligence.

In LaPorte Community School Corp., et al. v. Maria Rosales, No. 46S04-1105-CT-284, the appellate court held the trial court didn’t abuse its discretion by admitting deposition testimony from an expert regarding school safety and school emergency plans. The judges also found the trial court properly denied the school’s motion for judgment on the evidence as to negligence and properly granted Maria Rosales’ motion for judgment on the evidence as to contributory negligence. They also concluded the jury wasn’t properly instructed regarding negligence and that was a reversible error. The matter was remanded for a new trial. Judge Terry Crone concurred in part and dissented in part.

In D.R. v. Review Board, No. 93S02-1105-EX-285, the Court of Appeals released a not-for-publication opinion affirming the decision by the Review Board of the Indiana Department of Workforce Development denying D.R.’s unemployment benefits. D.R. claimed the record didn’t support the board’s decision to deny her full unemployment benefits.

In Antoine D. Hill v. State of Indiana, No. 45S03-1105-PC-283, the COA reversed the denial of Antoine Hill’s petition for post-conviction relief in an NFP decision. They concluded Hill’s post-conviction attorney abandoned him on appeal, so he was denied the fair setting for post-conviction relief contemplated by Baum v. State, 533 N.E.2d 1200 (Ind. 1989). They remanded with instructions to grant his petition.  

In addition to denying transfer to 22 cases, the justices vacated an order granting transfer to Tonya M. Peete v. State of Indiana, No. 49S05-1104-CR-201; and dismissed Dan Cristiani Excavating Co. Inc v. Jeremy & Kerri Money, No. 10A05-1002-CT-114.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.