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Indiana Supreme Court takes two cases

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The Indiana Supreme Court has granted transfer to two cases for the week ending May 3 – one involving a physician, and one involving a man convicted of child molesting.

In Mary Alice Manley and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C., No. 59A01-1104-PL-190, Gary and Mary Alice Manley appealed a trial court’s award of summary judgment for Dr. Ryan Sherer and Sherer Family Medicine, and the Court of Appeals reversed the trial court. Mary Manley was involved in a head-on crash with one of Sherer’s patients, Kimberly Zehr. The Manleys claimed that Sherer was negligent in failing to warn Zehr that she should not drive due to her medical condition and a medication she was taking at the time of the crash.

The other case that the high court accepted on transfer is Gerald P. VanPatten v. State of Indiana, No. 02A03-1103-CR-113, in which VanPatten was convicted of two counts of Class A felony child molesting and one count of Class C felony child molesting.

In that case, Gerald VanPatten appealed his convictions, claiming that he had been denied his request for new counsel, but the Court of Appeals held that while a right to counsel is guaranteed, a right to counsel of choice is not necessarily guaranteed. VanPatten also claimed evidence was insufficient to support the molesting convictions, saying that testimony from a nurse who examined both children in the case should not have been admitted in court. One of the alleged victims – S.D., VanPatten’s biological daughter – later recanted her claims against him. The appellate court agreed that evidence was sufficient to support charges that VanPatten molested S.D.’s friend, but Judge John Baker disagreed that evidence supported the claim that VanPatten molested S.D.

The Supreme Court denied transfer to 18 other cases.  

 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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