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Monday, November 05, 2007

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Nov. 8th:

9:00 AM - Baxendale v. Raich - Baxendale, who had primary physical custody of the parties’ son A.R., filed notice of intent to relocate with A.R. from northwest Indiana to Minnesota. Raich then sought to modify primary physical custody from Baxendale to himself. The trial court denied Baxendale’s request to relocate with A.R. and conditionally granted Raich’s custody modification motion in the event Baxendale remained in Minnesota. The Court of Appeals reversed, holding the trial court abused its discretion in modifying custody. Baxendale v. Raich, 866 N.E.2d 333 (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 Baxendale: B. Scott Skillman, Terre Haute, IN. Attorney for Raich: Thomas E. Rucinski, Hammond IN.

9:45 AM - Stewart v. Vulliet - In this dissolution case, the Clinton Superior Court determined that it had jurisdiction under the Uniform Child Custody Jurisdiction Act ("UCCJA") to adjudicate issues of child custody and visitation but that the State of Washington was a more convenient forum. The Court of Appeals affirmed in part, holding the trial court had jurisdiction under the UCCJA, but reversed in part, holding that Indiana is the more convenient forum. See Stewart v. Vulliet, 867 N.E.2d 226 (Ind. Ct. App. 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. For Appellant, Anthony N. Stewart: David W. Stone IV. For Appellee, Signe L. Vulliet: Nancy L. Cross, Monty K. Woolsey.

10:30 AM - Hobert Pittman v. State - Following a jury trial, Pittman was convicted of murder and other offenses. Upon the unanimous recommendation of the jury, the Harrison Superior Court sentenced Pittman to life imprisonment without parole. He was sentenced to terms of years for the other offenses. In this direct appeal, Pittman argues the convictions and sentences should be reversed. Attorney for Pittman: Matthew Jon McGovern, Evansville, IN. Attorney for State: James B. Martin, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Monday, Nov. 5th:

2:00 PM - Estate of Martha O'Neal v. Bethlehem Woods Nursing and Rehab. Center - Martha O’Neal was a resident at Bethlehem Woods Nursing Home and Rehabilitation Center, LLC, until September 22, 2001, when she was transferred to a hospital. O’Neal passed away on November 6, 2001, and her Estate filed a claim against Bethlehem Woods on October 22, 2003. Bethlehem Woods filed a motion for summary judgment alleging that the complaint sounded in medical malpractice and the occurrence-based statute of limitations began to run on September 22, 2001, the date of Bethlehem Woods’s last contact with O’Neal. O’Neal’s Estate appeals the trial court’s grant of summary judgment in Bethlehem Woods’s favor. The Scheduled Panel Members are: Judges Kirsch, Robb and Barnes. [Where: Indiana Supreme Court Courtroom, but apparently not to be webcast]

This Thursday, Nov. 8th:

1:30 PM - D.L. vs. State of Indiana - D.L. appeals the juvenile court's adjudicating him to be a delinquent child on the basis of Possession of Marijuana, a Class A misdemeanor if committed by an adult. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Bradford. [Where: Lawrence North High School, Indianapolis, Indiana]

Posted by Marcia Oddi on November 5, 2007 06:42 AM
Posted to Upcoming Oral Arguments