ILNews

Justices take 3 cases

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals lengthened a man’s sentence.

In Jeffrey E. Akard v. State of Indiana, No. 79S02-1009-CR-478, the Court of Appeals increased Jeffrey Akard’s sentence for rape and other convictions by 25 years. Akard claimed his sentence for multiple counts of rape, criminal deviate conduct, criminal confinement, and battery was inappropriate and should be revised to run concurrently so he would have a 40-year sentence.

But the judges decided to lengthen his 93-year sentence to 118 years because his is a “most unusual case,” citing Indiana Supreme Court Justice Theodore Boehm's concurring opinion in McCullough v. State, 900 N.E.2d 745, 750 (Ind. 2009). The judges found the trial court sentenced Akard below the statutory minimum on several counts. The appellate court upheld Akard’s increased sentence in a rehearing in June.

In Howard Regional Health System, et al. v. Jacob Gordon, et al., No. 34S02-1009-CV-476, the Court of Appeals held if a hospital or medical provider loses records so that a patient can’t pursue a medical malpractice claim, state law lets that patient pursue a separate civil action for spoliation of evidence. The judges found a private cause of action is established under Indiana Code Section 16-39-7-1 regarding the consequences of violating the state’s medical record retention statute.

Jacob Gordon’s mother, Lisa, filed a medical malpractice suit and asked for evidence from the hospital where Jacob was born. Howard Community Hospital took 18 months to tell her that the information couldn’t be found. The appellate court affirmed partial summary judgment against the hospital for spoliation of evidence.

In Kevin Taylor v. State of Indiana, No. 20S04-1009-PC-477, the Court of Appeals split on the impact of a jury instruction on robbery in Kevin Taylor’s trial. Taylor was convicted of felony murder during a robbery; he filed for post-conviction relief claiming ineffective assistance of trial counsel because his attorney didn’t object to the final instructions, which did not instruct on the elements of robbery.

The judges held Taylor met his burden of showing the post-conviction court erred by ruling his counsel hadn’t performed deficiently, but only Judge Cale Bradford believed Taylor wasn’t prejudiced by his attorney’s performance. The majority remanded for a new trial.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

ADVERTISEMENT