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Supreme Court grants 5 transfers

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Indiana's top jurists granted transfer Wednesday in five cases and will consider issues involving physicians who leave foreign objects in a patient's body, parental termination hearings conducted without the parent, timely court-filing deadlines, and the sentencing options courts have after probation violations.

In Russell Prewitt v. State of Indiana, No. 10A04-0610-CR-589, the Court of Appeals in April reversed a Clark County case in which the judge revised a sentence after the defendant violated his probation. The appellate judges held that the lower court only had the authority to use one of three statutory options, not two as it did in ordering him to serve two years of a previously suspended sentence and then to enter a state hospital on his release. The sentencing options a trial court has on probation violations now becomes a key issue in the latest appeal for justices to consider.

A second transfer came in Chi Yun Ho, M.D. v. Loretta M. Frye and Thomas Hoffman, Personal Representative of the Estate of Charles Frye, No. 67A01-0603-CV-122, which is a medical malpractice case from Putnam Circuit Court. During a 2000 procedure on Frye, Dr. Ho and the surgical nurse and technician reported he had retrieved the number of sponges used during the surgery. But in 2001, it was discovered a sponge had been left in her abdomen and she needed additional surgeries to remove it, an abscess, and to heal the wound. She eventually sued and ultimately accused the doctor of negligence for failing to remove the sponge; the trial court denied a motion for summary judgment. But on appeal, the Court of Appeals reversed and remanded for a new trial in that Frye was entitled to partial summary judgment because the doctor didn't carry his burden of proof.

Justices will also consider Erica Lockett v. Marion County Department of Child Services and Child Advocates, Inc., No. 49A02-0611-JV-995, which involves an involuntary parental termination hearing conducted in the absence of a mother. She claimed that violated her due process rights, and both the trial court and appellate judges found this didn't violate her rights.

The high court also granted transfer in State of Indiana v. Universal Outdoor, Inc., No. 49A05-0609-CV-536, involving a court-filing deadline for exceptions to appraisers' reports. The appeals court held in April that exceptions are timely if filed within 20 days of the filing of the appraisers' report but no later than 20 days after the county clerk sends notice of the report to the parties.

A fifth transfer came in Sophia Willis v. State of Indiana, No. 49A02-06110-CR-982, which involved a Court of Appeals decision from May delving into the legal distinctions between corporal punishment and child battery. That appeal affirmed a Marion Superior Court judgment finding sufficient evidence to convict a mother for spanking her son with a belt or extension cord. (See separate Indiana Lawyer Daily story.)

The justices also granted transfer this morning in a sixth case but remanded it without an opinion to the Court of Appeals. That case, Melonee Cooper v. State, No. 26A05-0701-JV-55, involves parental rights and the timely notice of appeal. The appellate court had dismissed it in April, but the justices ruled they should not have done so and should consider issuing an order clarifying all briefing-related deadlines.
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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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