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Thursday, May 01, 2008

Ind. Decisions - Court grants transfer in four cases

The formal transfer list will follow later this week, but the ILB has received notice that four* cases have been granted transfer:

James Butler v. Indiana Dep't of Ins. - Transfer granted after oral argument yesterday April 30th. See summary here.

In the Matter of the Paternity of K.I., by Grandmother and Next Friend, Juanita Ivers v. Jeremy Hensley (NFP), a Jan. 29th COA opinion (5th case): "On remand, should Father be awarded custody of K.I. and the parties do not agree upon Grandmother’s visitation, we instruct the trial court to determine if Grandmother should be granted grandparent or de facto custodian visitation regardless of Mother’s parenting time with K.I., if any."

Estate of Jerome Mintz v. Connecticut General Life Insurance Company and Wayne E. Gruber (NFP) - a Nov. 28, 2007 COA 2-1 opinion - see ILB summary here (4th case). "Gruber’s actions were not the proximate cause of the Estate’s injuries and Gruber and Connecticut General were properly granted summary judgment on the Estate’s claims of negligence and vicarious liability. Connecticut General was also entitled to summary judgment for the remaining claim of bad faith because the Estate’s claim was essentially based on Connecticut General’s unwillingness to depart from its stated procedure and make an exception."

Bruce Wayne St. Clair, Jr. v. State of Indiana, a Feb. 20th 2-1 COA opinion. See ILB summary here, 6th case. "Bruce Wayne St. Clair, Jr. appeals the denial of his petition for leave to file a belated appeal. The State opposed St. Clair’s petition on the ground St. Clair had waived his right to a direct appeal by entering a plea agreement with a fixed plea. The trial court summarily denied St. Clair’s petition. Finding St. Clair had an open plea and has met the requirements of Post-Conviction Rule 2, we reverse and remand."
*In addition, Sergio Campos v. State of Indiana was granted transfer yesterday, with opinion (see ILB entry here).

Posted by Marcia Oddi on May 1, 2008 11:02 AM
Posted to Indiana Transfer Lists