Monday, October 22, 2007
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court:
This Wednesday, Oct. 24th:
9:00 AM - Walden v. State - Following a jury trial in the Delaware Circuit Court, Walden was convicted of causing death while operating a motor vehicle under the influence of a controlled substance, and was found to be an habitual offender. Walden appealed, arguing in part that the trial court erred in refusing Walden’s tendered jury instruction, which stated: “Even where the jury finds the facts of the prerequisite prior felony convictions to be uncontroverted, the jury still has the unquestioned right to refuse to find the Defendant to be a habitual offender at law.” The Court of
Appeals affirmed the conviction and sentence in an unpublished memorandum decision, Walden v. State, No. 18A02-0605-CR-420, slip op. (Ind. Ct. App. May 10, 2007). Walden has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorneys: For Appellant: Kelly N. Bryan. For Appellee: Gary Damon Secrest
9:45 AM - Hartman v. Keri - Hartman and Swinehart, students at Indiana University-Purdue University at Fort Wayne, filed a complaint against a professor, Dr. Keri, pursuant to the University's procedure for complaints of harassment. Thereafter, Keri filed a complaint in the Allen Superior Court against Hartman and Swinehart. The trial court denied Hartman and Swinehart's motion for summary judgment on Keri's claim for defamation. A majority of the Court of Appeals reversed, holding the University's complaint procedure was a quasi-judicial proceeding and Hartman and Swinehart's complaint absolutely immune from a defamation claim. Hartman v. Keri, 858 N.E.2d 1017 (Ind. Ct. App. Dec. 27, 2006), reh'g denied, vacated. [See ILB entry here.] 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 Hartman and Swinehart: Karen R. Orr, Lafayette, IN Indianapolis, IN. Attorney for Keri: Swaray E. Contech, Indianapolis, IN. Attorneys for Amici Curiae Boards of Trustees Of Ball State University, Indiana State University, Indiana University and Purdue University: Scott E. Shockley, James R. Williams, Muncie, IN.
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 Monday, Oct. 22nd:
1:00 PM - State of Indiana v. Adam L. Manuwal - Whether the trial court erred when it ruled that because Defendant was driving the off road vehicle on his own property he could not be charged with operating a vehicle while intoxicated. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Vaidik.