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Justices take two cases

May 23, 2011

The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.

The justices accepted Henry C. Bennett, et. al. v. John E. Richmond, et. al., No. 20A03-0906-CV-285, in which Henry C. Bennett had appealed the trial court’s motion to correct error following a jury verdict in favor of John and Jennifer Richmond.

The appeals court concluded that the trial court abused its discretion by allowing a doctor to testify that Richmond sustained a brain injury as a result of the car accident with Bennett and had remanded for a new trial.

In Keith Hoglund v. State of Indiana, No. 90A02-1005-CR-591, appellant/defendant Keith Hoglund had appealed his conviction and sentence for Class A felony child molesting, contending the trial court abused its discretion in admitting testimony regarding whether the victim was falsifying or exaggerating stories of Hoglund’s molestation of the victim. He also contended the trial court abused its discretion in sentencing him and that his 50-year sentence was inappropriately harsh.

The appeals court concluded that the serious, ongoing nature of the offense justified the 50-year sentence and that the trial court did not abuse its discretion in admitting testimony that indirectly vouched for the victim’s credibility.

The justices declined Jeff Koehlinger, et al. v. State Lottery Commission of Ind., No. 49A02-1003-CT-247, in which Jeff Koehlinger appealed summary judgment for the lottery, and the appeals court reversed and remanded, concluding that the trial court erred in granting summary judgment.

Only Justice Steven David voted to grant the petition to transfer for Koehlinger.
 

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