Justices deny transfer to murderer, parents’ appeals

Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.

Of the 21 cases presented to the high court last week, the justices declined to hear all of them. Among those rejected was an appeal from Jovanni Torres, who was convicted of killing his girlfriend in 2016 by shooting her in the back of the head and lower back.

The decomposing, partially nude corpse of then-26-year-old Aimee Giro was found in Torres’ home after her father, Juan Giro, went to Torres’ home looking for her and noticed a rotting smell. Police were then obtained a warrant and forced entry into the home, where Aimee was found.

Torres was sentenced in June 2018 to 70 years for Aimee’s murder. The Indiana Court of Appeals upheld his conviction in May.

Indiana Supreme Court justices also declined to hear an appeal from two parents who alleged Hendricks Regional Health and a doctor failed to properly treat their daughter’s Rh disease at her birth. The failure to do so, Marigold and Earl Overshiner argued in their damages complaint, caused their daughter to suffer hyperbilirubinemia and other medical conditions and physical injuries, including blindness.

However, the Indiana Court of Appeals found the Overshiners did not provide testimony that allowed the trier of fact to apply the appropriate standard of care, so a directed verdict in favor of the Hendricks County health care providers was appropriate.

A full list of cases denied by the Supreme Court for the week ending Aug. 9 can be viewed here.

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