Monday, October 15, 2007
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court:
This Thursday, Oct. 18th:
9:00 AM - Russell Prewitt v. State - After finding that Prewitt had violated his probation, the Clark Superior Court ordered Prewitt to serve two years of his previously suspended sentence, and upon release, to enter a state hospital as a condition of probation. The Court of Appeals reversed, deciding that trial courts have statutory authority to order only one of the three options in Indiana Code § 35-38-2-3(g). See Prewitt v. State, 865 N.E.2d 669 (Ind. Ct. App. 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Prewitt; Jeffrey D. Stonebraker of Indianapolis, IN. Attorney for State; Ellen H. Meilaender of Indianapolis, IN. [See April 30, 2007 ILB entry here - 8th case.]
9:45 AM - Randolph County v. Leanne Chamness - Chamness was in an automobile accident in which the vehicle left the road in Randolph County and came to rest in adjoining Delaware County. Chamness filed a complaint against Randolph County in Delaware County, alleging Randolph County negligently constructed and maintained the road. Randolph County filed a motion to transfer venue to Randolph County. The Delaware Circuit Court denied the motion. The Court of Appeals reversed, concluding that under Trial Rule 75(A), Randolph County was a county of preferred venue and Delaware County was not a county of preferred venue. Randolph County v. Chamness, 859 N.E.2d 795 (Ind. Ct. App. 2007), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal. Attorney for Randolph County; Andrew P. Wirick of Indianapolis, IN. Attorney for Chamness; James S. Stephenson of Indianapolis, IN. [See Jan. 12, 2007 ILB entry here - 4th case.]
Webcasts will be available here.
This week's oral arguments before the Court of Appeals that will be webcast:
This week's oral arguments before the Court of Appeals that will NOT be webcast:
This Friday, Oct. 19th:
1:00 PM - Ava McSwane, as Personal Representative of the Estate of Malia Vandeneede vs. Bloomington Hospital and Jean Eelma, M.D. - Bloomington Hospital treated Malia Vandeneede after she said she fell off a horse. In fact, she may have been beaten by her former husband. She was discharged into her former husband's custody and he killed her later that day. Her representative sued the Hospital and a doctor there, asserting the Hospital had a duty to protect her from the domestic violence. The trial court granted summary judgment for the Hospital on the grounds the Hospital had no such duty and Vandeneede was contributorily negligent. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Robb. The oral argument will take place at: Franklin College, Franklin, Indiana.
NOTE: The ILB has added a new category - Upcoming Oral Arguments, that allows you to readily locate these entries.