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Tuesday, May 29, 2007

Ind. Decisions - On the Supreme Court's calendar for tomorrow

Oral arguments before the Supreme Court tomorrow in two cases:

9:00 AM - Michael Robertson v. State

Following a jury trial, the Marion Superior Court entered a judgment of conviction for theft as a Class D felony and sentenced Robertson to an enhanced term of 2 years to be served consecutive to his sentence for a drug offense in another county. In an unpublished memorandum decision, the Court of Appeals determined there was sufficient evidence, and affirmed the conviction. As to the enhanced sentence and the interpretation of Indiana Code § 35-50-2-1.3, the Court of Appeals remanded with instructions for the trial court to impose the advisory sentence, but noted the conflict with White v. State, 849 N.E.2d 735 (Ind. Ct. App. 2006), trans. denied. See Michael Robertson v. State, No. 49A05-0512-CR-731, slip op. (Ind. Ct. App. Jan. 24, 2007), vacated. [ILB - see discussion of the CA split on the interpretation of § 35-50-2-1.3 beginning on p. 6 of Robertson.]

The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorney for Robertson: Kurt A. Young Nashville, IN Attorney for State: Justin F. Roebel Indianapolis, IN

9:45 AM - Idan Filip v. Carrie Block
On the Filip's claim against an insurance agent and insurance agency for negligent failure to procure insurance, the Starke Circuit Court entered summary judgment for the insurance defendants. The Court of Appeals reversed, indicating that the main designation of evidence pursuant to Trial Rule 56 should be in the summary judgment motion, finding issues of fact about whether the Filips reasonably relied on the agent's representations, and determining that the statute of limitation began to run on the day of the fire. Filip v. Block, 858 N.E.2d 143 (Ind. Ct. App. 2006), vacated.

The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorney for Filip; Robert W. Mysliwiec of South Bend, IN. Attorney for Block; Philip E. Kalamaros of St. Joseph, MI.

Posted by Marcia Oddi on May 29, 2007 01:52 PM
Posted to Ind. Sup.Ct. Decisions