ILNews

Justices accept 3 cases this week

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will consider cases involving payments under the Worker's Compensation Act and also how to determine whether someone is a sexually violent predator, justices decided this week.

Two transfers came Thursday in Christopher Brown, DDS, Inc. v. Decatur County Memorial Hospital, 93A02-0703-EX-236, and Alan C. Jones v. State of Indiana, 61A01-0704-CR-174. Justices also granted another case, Aaron Reid v. State, with an opinion that reduced an Anderson man's sentence by 20 years in a murder for hire plot.

In Brown, the court will consider a case that the Indiana Court of Appeals ruled on in August and held that prejudgment interest isn't available to health care providers for belated payments on services rendered under the Indiana Worker's Compensation Act. Brown, a dental specialist, performed face, head, neck, and jaw work in 2001 on a woman injured in an auto accident, and later filed a claim against the hospital insurer for $10,597 in unpaid services - an 8 percent annum was later added. The insurer paid the full amount, and a single board determined last year that Brown was entitled to prejudgment interest; the full board reversed that decision and the appellate court affirmed that Brown wasn't entitled to the prejudgment interest.

The criminal case justices accepted involves a trial court's ruling that Jones was a sexually violent predator, as well as its decision to revoke Jones' probation and reinstate his 10-year suspended sentence as a result of sexual contact with the victim. In its opinion, the appellate panel affirmed the classification because the lower court can determine status in probation revocation hearings, not just original sentencing.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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