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Justices take two cases

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The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.

The justices accepted Henry C. Bennett, et. al. v. John E. Richmond, et. al., No. 20A03-0906-CV-285, in which Henry C. Bennett had appealed the trial court’s motion to correct error following a jury verdict in favor of John and Jennifer Richmond.

The appeals court concluded that the trial court abused its discretion by allowing a doctor to testify that Richmond sustained a brain injury as a result of the car accident with Bennett and had remanded for a new trial.

In Keith Hoglund v. State of Indiana, No. 90A02-1005-CR-591, appellant/defendant Keith Hoglund had appealed his conviction and sentence for Class A felony child molesting, contending the trial court abused its discretion in admitting testimony regarding whether the victim was falsifying or exaggerating stories of Hoglund’s molestation of the victim. He also contended the trial court abused its discretion in sentencing him and that his 50-year sentence was inappropriately harsh.

The appeals court concluded that the serious, ongoing nature of the offense justified the 50-year sentence and that the trial court did not abuse its discretion in admitting testimony that indirectly vouched for the victim’s credibility.

The justices declined Jeff Koehlinger, et al. v. State Lottery Commission of Ind., No. 49A02-1003-CT-247, in which Jeff Koehlinger appealed summary judgment for the lottery, and the appeals court reversed and remanded, concluding that the trial court erred in granting summary judgment.

Only Justice Steven David voted to grant the petition to transfer for Koehlinger.
 

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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