Justices to hear attempted murder, UIM recovery appeals

Indiana Supreme Court justices granted transfer in two cases last week concerning attempted murder and uninsured motorist coverage recovery, rejecting 25 other cases.

Members of the high court agreed to hear argument in Anthony Gammons, Jr. v. State of Indiana, 20S-CR-22. In that case, a man survived after being shot six times by Anthony Gammons, who was later convicted of Level 1 felony attempted murder and Class A misdemeanor carrying a handgun without a license. The Indiana Court of Appeals concluded in a memorandum decision it was not erroneous for the Marion Superior Court to tell the jury, in response to a question the jury had posed, to continue deliberating. The COA also concluded that a new trial was not warranted and that any error in the trial court’s self-defense instruction was harmless.

Justices also agreed to hear Steven Glover, As Personal Representative of The Estate of Shelina M. Glover v. Allstate Property And Casualty Insurance Company, 20S-CT-23. In that case, the appellate court affirmed after finding the estate of Shelina Glover Robinson was not entitled to more recovery under her parents’ Allstate automobile insurance policy because its uninsured motorist coverage recovery limit was reduced to zero after the estate received settlements totaling more than $100,000.

The Supreme Court split in three of the cases it declined to hear on petition to transfer for the week ending January 24. Chief Justice Loretta Rush and Justice Christopher Goff would have granted transfer in the case of Marty Friend v. State of Indiana, https://www.theindianalawyer.com/articles/coa-splits-on-admission-of-counselor-records-in-child-molesting-case 18A-CR-02359, which likewise divided the Court of Appeals.

In that case, the COA majority concluded that the trial court did not abuse its discretion in denying Marty Friend’s request for pretrial discovery of a private social worker’s records from therapy sessions conducted with his adopted child, whom Friend was convicted of molesting. A dissenting appellate judge agreed with Friend that that the interest in maintaining confidentiality of the victim’s counseling was outweighed by the need for fair administration of justice regarding the truth of the accusation.

Goff also would have granted transfer to Christopher Alexander v. Djuric Trucking, Inc., et al., 19A-CT-366, while Rush would have granted transfer in Octavius Deonte Alexander v. State of Indiana, 19A-CR-244, both memorandum decisions.

The full list of transfer decisions can be found here.