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. 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.

  2. 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.

  3. 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.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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