Supreme Court declines transfer in 17 cases, grants 2

The Indiana Supreme Court declined to hear 17 cases out of 19 petitions for transfer last week, but granted transfer in two cases concerning an unwilling juror and a highly sought after gravesite.

Justices first agreed to hear arguments in Tammi Clark v. Samer Mattar, M.D., 20S-CT-109, in which the Indiana Court of Appeals reversed the denial of a Tammi Clark’s motion to strike a potential juror who informed Clark’s counsel that he was unable and unwilling to determine damages in her medical malpractice verdict.

The high court, however, declined to hear argument in more than a dozen other cases, including State of Indiana; Indiana Department of Education; Eric Holcomb, in his official capacity as Governor of Indiana; et al. v. Indiana Connections Academy, Inc.; Rural Community Schools; et al., 18A-PL-2634.

In that case, the COA reversed and remanded in the state’s favor after several Indiana charter schools argued they were entitled to a semester’s worth of tuition support funding during the 2012-2013 school year, but the COA found no statutory authority suggesting that a funding lag existed. Justice Geoffrey Slaughter would have granted transfer in the case.

Additionally, justices issued a divided opinion in the case of Kathy Salyer v. Washington Regular Baptist Church Cemetery, and Kristy Sams, 20S-PL-102, splitting 3-2 in concluding that Kathy Salyer should receive relief from the Washington Regular Baptist Church Cemetery. A gravesite Salyer had purchased was accidentally resold to another customer, and she discovered years later another person had been buried there. Justices ordered on remand for the cemetery to correct the wrongful burial by exhuming the grave and restoring it for Salyer’s use.

A full list of transfer decisions for the week ending March 13 can be found here.

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