Justices accept 2 cases, decline feticide case

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The Indiana Supreme Court has taken two cases and declined to accept more than two dozen petitions seeking transfer.

During its private conference on Oct. 13, the state’s justices granted transfer petitions in the cases of Reginald N. Person Jr. v. Carol A. Shipley, No. 20S03-1110-CT-609, and John Witt, et al. v. Jay Petroleum, Nos. 38S02-1110-CV-608.

In Person, the Court of Appeals in May reversed a civil jury verdict in favor of Shipley and remanded for future proceedings. The case involved a 2004 Elkhart County accident. Person, the driver of an 18-wheeler semi tractor, sued Shipley, the driver of a sedan, after Shipley fell asleep at the wheel and her smaller car rear-ended his truck and resulted in his injuries. The jury found in favor of Shipley and awarded no damages, and the 2010 trial led to appellate issues about what expert witness testimony should be allowed. The appellate court found that the trial court abused its discretion in admitting the prejudicial expert testimony.

In Witt, the courts are analyzing a case involving underground storage tanks that were located on a former gas station lot in Portland, Ind., and led to environmental concerns and litigation. The appellate court found that the trial court erred when it held the appellants in contempt of court, both because a temporary restraining order was improvidently granted and because the appellants’ conduct during a June 2008 hearing didn’t constitute a willful violation of the terms of the order.

The justices denied the remaining 28 cases, including the case of Brian Kendrick v. State of Indiana, No. 49A02-1003-CR-300, which involves the man who shot a pregnant teller during a bank robbery in Indianapolis in 2008. That shooting led to the death of her twins, one being stillborn. The appellate court earlier this year vacated Kendrick’s two felony feticide convictions because of double jeopardy violations. The judges remanded for resentencing, noting the trial court can now consider Katherine Shuffield’s pregnancy and termination of it in crafting Kendrick’s sentence for attempted murder, as long as the aggregate sentence is not more than 53 years. Chief Justice Randall T. Shepard and Justice Steven David voted to grant transfer, but the three other justices denied the request.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...