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Justices take Fort Wayne hospital race discrimination appeal

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The Indiana Supreme Court will take a race discrimination case involving a Fort Wayne hospital as one of three cases unanimously granted transfer for the week ending July 27. Justices denied transfer in 23 cases.

The justices agreed to hear St. Joseph Hospital v. Richard Cain, 02S05-1207-PL-429. The trial court affirmed Cain’s award of $31,469 by the Fort Wayne Human Relations Commission after Cain, a behavioral health assessment specialist, was terminated.

 The Indiana Court of Appeals reversed and remanded, finding the hospital properly challenged the commission’s alleged lack of quorum in its motion to dismiss.

Justices also accepted another lawsuit involving a health care provider in Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M. and Achilles Podiatry Group, 54S01-1207-CT-430.

Sharon Wright brought a malpractice claim that the trial court threw out because it ruled Wright failed to comply with discovery orders and follow court orders. The Court of Appeals reversed and remanded, finding that delays were beyond Wright’s control.

The Indiana Supreme Court agreed to review one criminal case, Juan M. Garrett v. State of Indiana, 49S04-1207-PC-431. In that case, the Court of Appeals affirmed denial of post-conviction relief for a rape conviction and sentence.

Among the 23 cases the justices denied transfer was Latisha A. Lawson v. State of Indiana, 02A03-1107-CR-350.

Lawson was convicted of murder in the suffocation of her 2-year-old son after she forced him to drink an oil-and-vinegar concoction to exorcise demons as part of what she believed was a plan God revealed to her, according to court records. The Court of Appeals affirmed her conviction when weighing whether evidence was sufficient to support the jury’s rejection of Lawson’s insanity defense.

The transfer list may be viewed here.


 

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  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?

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