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Justices take 3 cases

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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.
 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. 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.

  4. 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.

  5. 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.

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