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Justices take 6 cases

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The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.

In State of Indiana v. Andy J. Velasquez II, No. 53S05-1105-CR-280, the state appealed following the acquittal of Andy Velasquez for Class A felony and Class C felony child molesting of his stepdaughter. The state argued, among other issues, that the trial court abused its discretion by concluding the testimony of clinical social worker Judy Kline, psychologist Dr. Jennifer Spencer, and victim G.S.’s grandmother constituted vouching testimony.

The Indiana Court of Appeals found the trial court erred in excluding their testimonies, but double jeopardy grounds barred a second trial since Velasquez had been acquitted.

In Keith M. Ramsey, M.D. v. Shella Moore, et al., No. 45S05-1105-CT-281, the Court of Appeals affirmed the denial of Methodist Hospital’s motion to dismiss Shella Moore’s proposed medical malpractice claim, but reversed the denial of Dr. Keith Ramsey’s motion to dismiss Moore’s medical malpractice complaint against him. The appellate court was split as to whether the trial court’s disposition in this case was final.

In Indiana Department of Insurance, et al. v. Robin Everhart, No. 84S01-1105-CV-282, the Court of Appeals reversed the judgment in favor of Robin Everhart on her claim against the Indiana Patient’s Compensation Fund. The judges held it isn’t consistent with Supreme Court precedent to hold the fund liable for more than the increased risk of harm that the doctor caused. Several months later, the appellate court split in denying a rehearing on the matter.

Judge Margret Robb wanted to grant the rehearing and believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323 in the original opinion. Section 323 outlines that one is liable for harm to another if the failure to exercise reasonable care increases the risk of such harm. It allows the plaintiff to avoid summary judgment on the issue of proximate cause even when there was a less than 50 percent chance of recovery absent the negligence.

In LaPorte Community School Corp., et al. v. Maria Rosales, No. 46S04-1105-CT-284, the appellate court held the trial court didn’t abuse its discretion by admitting deposition testimony from an expert regarding school safety and school emergency plans. The judges also found the trial court properly denied the school’s motion for judgment on the evidence as to negligence and properly granted Maria Rosales’ motion for judgment on the evidence as to contributory negligence. They also concluded the jury wasn’t properly instructed regarding negligence and that was a reversible error. The matter was remanded for a new trial. Judge Terry Crone concurred in part and dissented in part.

In D.R. v. Review Board, No. 93S02-1105-EX-285, the Court of Appeals released a not-for-publication opinion affirming the decision by the Review Board of the Indiana Department of Workforce Development denying D.R.’s unemployment benefits. D.R. claimed the record didn’t support the board’s decision to deny her full unemployment benefits.

In Antoine D. Hill v. State of Indiana, No. 45S03-1105-PC-283, the COA reversed the denial of Antoine Hill’s petition for post-conviction relief in an NFP decision. They concluded Hill’s post-conviction attorney abandoned him on appeal, so he was denied the fair setting for post-conviction relief contemplated by Baum v. State, 533 N.E.2d 1200 (Ind. 1989). They remanded with instructions to grant his petition.  

In addition to denying transfer to 22 cases, the justices vacated an order granting transfer to Tonya M. Peete v. State of Indiana, No. 49S05-1104-CR-201; and dismissed Dan Cristiani Excavating Co. Inc v. Jeremy & Kerri Money, No. 10A05-1002-CT-114.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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