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Justices take 4 cases

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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.

 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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