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Justices grant 1 transfer, deny 26 others

February 26, 2019

The Indiana Supreme Court considered petitions to transfer in 27 cases during the past week, granting just one, which also was decided last week.

Of the denied petitions, justices split on five, including a petition for the judicial review of a board of zoning appeals ruling in Town of Darmstadt and Bob Stoops, Town Council President, Appellants-Petitioners, v. CWK Investments-Hillsdale, LLC, C. Wayne Kinney, and the Evansville-Vanderburgh County Board of Zoning Appeals, 18A-MI-150. In that case, the town of Darmstadt and its town council President Bob Stoops argued to vacate a trial court’s dismissal of its petition for judicial review of a decision made by the Evansville-Vanderburg County Board of Zoning Appeals to permit construction of an apartment complex. Chief Justice Loretta Rush and Justice Steven David voted to grant transfer but lost to the majority.

Justices David and Mark Massa also voted in the minority to grant transfer in Anthony Tyrell Wilburn v. State of Indiana, 18A-CR-894, in which the Indiana Court of Appeals found the Hendricks Superior Court abused its discretion in admitting into evidence testimony that Anthony Wilburn allegedly committed or attempted to commit a theft at a Beech Grove Walmart. The COA reversed and remanded for a new trial after finding the admission of evidence was not harmless.

However, justices did grant transfer in a single case also decided last week — James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased v. Albert Milford, D.O., et al.,19S-CT-97. The high court found the personal estate of a woman whose husband died intestate without heirs could be able to claim survivor damages in its litigation of a wrongful death suit. In that decision, the high court determined that finding David Shaner’s claim for survivor damages in light of his wife’s death did not abate upon his own death and was not dependent on the existence of an heir.

A full list of the cases granted or denied for the week ending February 22 can be found here.

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