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. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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