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Tuesday, April 18, 2006

Ind. Decisions - Two cases decided today by Supreme Court

Posted late this afternoon:

In Donna M. Schriber v. Anonymous, a 6-page opinion, Justice Dickson writes:

The plaintiff in this medical malpractice action seeks appellate review of a trial court or-der that found the defendant to be a qualified healthcare provider under the Indiana Medical Malpractice Act. She seeks to pursue her complaint for damages free of the constraints of the Act. The defendant, asserting that two of the three counts of the complaint were not timely and properly filed with the Department of Insurance, seeks to preclude plaintiff from any remedy on these counts. We decline both claims and, as explained below, disagree with the remedy fashioned by the Court of Appeals and find this appeal to be premature.

In Joseph E. Corcoran v. State of Indiana, an 8-page opinion, Justice Sullivan concludes:

We affirm the post-conviction court’s dismissal of Joseph Corcoran’s February 10, 2005 petition for post-conviction relief. We hold that the February 10, 2005 petition does not relate back to the unverified September 9, 2003 petition as the latter was not timely filed.

The Court takes judicial notice of the stay of Corcoran’s sentence entered by the United States District Court for the Northern District of Indiana and so will not set an execution date at this time, notwithstanding the requirements of Ind. Criminal Rule 24(H) and Indiana Code Section 35-50-2-9.

Rucker, J., dissents without separate opinion.

Posted by Marcia Oddi on April 18, 2006 05:58 PM
Posted to Ind. Sup.Ct. Decisions