ILNews

Supreme Court grants 5 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted five transfers within the past week to cases dealing with traffic stops, life insurance polices, unpaid medical expenses, modification of a custody order, and plea agreements.

The high court granted transfer and released its opinion yesterday in Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, involving a traffic stop and Sergio Campos' arrest after police found drugs in the car. A story in today's Indiana Lawyer Daily covers the Campos case in more detail.

The Supreme Court granted transfer April 30 to Estate of Jerome Mintz v. Connecticut General Life Insurance Co. and Wayne E. Gruber, No. 49A05-0609-CV-532. At issue is whether the trial court erred in granting summary judgment in favor of Wayne E. Gruber on the estate's negligence claim and whether the court erred in granting summary judgment in favor of Connecticut General as to the estate's vicarious liability, negligence, and bad faith claims. Jerome Mintz was retiring and needed to convert his group life insurance policy into an individual policy. Mintz, who died before the suit concluded, didn't properly convert his policies because he believed Gruber had taken care of the conversion. When Connecticut General wouldn't allow the entire value of the group policy converted into his individual policy, the Mintzes brought a suit against Gruber and Connecticut General. The appellate court affirmed the decision of the trial court.

Transfer was also granted Wednesday in James Butler, as personal representative of Nondis Jane Butler, deceased v. Indiana Department of Insurance, et al., No. 49A05-0612-CV-742; In the Matter of the Paternity of K.I., by grandmother and next friend, Juanita Ivers v. Jeremy Hensley, No. 13A05-0706-JV-329; and Bruce Wayne St. Clair Jr. v. State of Indiana, No. 76A03-0708-CR-361.

At issue in Butler is whether the trial court erred in admitting evidence regarding payments and benefits from Medicare and Medicaid in violation of the collateral source rule and whether the court erred by denying the estate's request to recover Nondis Jane Butler's unpaid medical expenses pursuant to the Indiana Adult Wrongful Death Statute. The appellate court affirmed the judgment of the trial court.

In Ivers, the appellate court reversed the trial court's ruling that awarded custody of K.I. to Jeremy Hensley from Juanita Ivers and granted Ivers visitation. The appellate court remanded for a determination of whether the parental presumption had been overcome and if so, whether a modification is in the best interest of K.I. and whether there had been a change in one or more of the relevant statutory factors.

At issue in St. Clair is whether Bruce W. St. Clair waived his right to a direct appeal by entering a plea agreement with a fixed plea. The trial court denied St. Clair's petition, but the appellate court reversed it, finding he had an open plea and met the requirements of Post-Conviction Rule 2. The Indiana Court of Appeals remanded the issue so that St. Clair would have the opportunity to argue for a lesser sentence in accordance with his open plea agreement.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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