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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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