ILNews

Supreme Court grants 3 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer late last week to three cases to rule on issues of double recovery, evidence obtained through search warrants, and emotional distress.

The court granted transfer to Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes appealed the Indiana Worker's Compensation Board's denial of his petition for compensation from the Second Injury Fund. Mayes argued his settlement with a third-party tortfeasor shouldn't bar his recovery as a matter of law. At issue in the appeal is Indiana Code Section 22-3-2-13, which prevents double recovery. The Court of Appeals affirmed the board's decision, finding Mayes failed to carry his burden to prove he was entitled to compensation from the fund, and even if he was, he failed to prove further compensation would not result in double recovery.

In Willie Eaton v. State, No. 89A04-0611-CR-641, the Court of Appeals reversed Eaton's convictions of dealing cocaine and possession of marijuana following a jury trial because the evidence obtained during a second warrant was gained by the state because of the unlawful search of Eaton's residence under the first warrant. The state's request for the first warrant did not set forth facts that constitute probable cause to search Eaton's home.

Finally, the court granted transfer by opinion in State Farm Mutual Automobile Insurance Company v. D.L.B., No. 89S05-0802-CV-102, and two other cases to decide the issue of emotional distress claims. The Supreme Court found D.L.B., a minor child, could not make a claim of emotional distress through State Farm because he was not directly involved in the accident he witnessed that killed his cousin. For more information on this case, read the Feb. 29 story from Indiana Lawyer Daily.
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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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