ILNews

Justices take 4 cases

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court accepted four cases on transfer last week, which included a decision on a first impression issue on whether third-party carriers are included in the statute regarding filing proposed medical malpractice complaints.


The justices took for the week ending March 14:
•    Frank Jacobs v. State of Indiana, 49S04-1403-CR-162. The Indiana Court of Appeals vacated Frank Jacobs’ conviction of Class B felony criminal confinement due to a double jeopardy violation. The judges ruled his conviction of confinement was based on the same behavior that was used to convict him of Class B felony criminal deviate conduct – that he forcibly performed oral sex on a minor boy.
•    State of Indiana v. Adrian Lotaki, 32S01-1403-CR-151. In this not-for-publication decision, the Indiana Court of Appeals dismissed the state’s appeal of the trial court’s denial of its motion to correct erroneous sentence after ruling the state isn’t authorized to bring the appeal.
•    Eric William Stahl v. State of Indiana, 45S04-1403-PC-163. The justices vacated the Sept. 30 order dismissing the appeal and remanded the case to the Court of Appeals for further proceedings.
 

On March 10 the justices granted transfer and issued their opinion in Bonnie Moryl, as Surviving Spouse and Personal Representative of the Estate of Richard A. Moryl, Deceased v. Carey B. Ransone, M.D., La Porte Hospital, Dawn Forney, RN, Wanda Wakeman, RN BSBA, B. Prast, RN, and Carol Cutter, in her capacity as Commissioner of the Indiana Department of Insurance, 46S04-1403-CT-149. Bonnie Moryl argued that her proposed medical malpractice complaint stemming from the death of her husband on April 20, 2007, which she sent to the DOI on April 19, 2009, via FedEx, should be considered timely filed even though the department did not receive it and file stamp it until April 21. The defendants sought summary judgment, claiming the complaint was filed outside of the two-year statute of limitations, which the LaPorte Superior Court granted.

The justices ruled the complaint was timely filed.

The justices denied transfer to 24 cases. The complete list of cases is available online.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT