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Monday, November 19, 2007

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Tuesday, Nov. 20th:

9:00 AM - Victor Herron v. Anthony Anigbo - In Herron’s medical malpractice case, the Lake Circuit Court granted summary judgment to Dr. Anigbo after concluding that the Indiana Medical Malpractice Act’s two-year, occurrence-based statute of limitations bars Herron’s claim. The Court of Appeals reversed, concluding that it would be unconstitutional to apply the statute of limitations to Herron’s claim. Herron v. Anigbo, 866 N.E.2d 842 (Ind. Ct. App. May, 23, 2007) [see ILB entry here]. Dr. Anigbo has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorney for Herron: Anthony DeBonis, Jr., Highland, IN. Attorneys for Dr. Anigbo: Robert F. Parker, Chad J. Melchi, Merrillville, IN.

9:45 AM - Mitchell Roob v. Jannis Fisher - In this 42 U.S.C. § 1983 action by providers and recipients of Medicaid-provided transportation, the Marion Superior Court ordered that transportation reimbursement rates be increased. The Court of Appeals initially reversed, holding neither providers nor recipients have a private right of action under § 1983. On rehearing, however, the Court of Appeals affirmed in part, finding the State had conceded that recipients have a private right of action. Roob v. Fisher, 856 N.E.2d 723 (Nov. 8, 2006) [see ILB entry here - 5th case], on rehearing, 866 N.E.2d 781 (Ind. Ct. App. May 21, 2007) [see ILB entry here]. The defendants have petitioned the Supreme Court to accept jurisdiction over the appeal. For Appellants: Steve Carter, Thomas M. Fisher, Frances Barrow, Matthew D. Lawless. For Appellees: Thomas R. Ruge, Steven W. Griesemer, David F. McNamar.

10:30 AM - Henry Adkins v. State - At trial on charges of pointing a firearm as a class D felony, see Ind. Code § 35-47-4-3 (2004), Adkins objected to an instruction on grounds it shifted to him the burden of proving the gun was unloaded. The Elkhart Superior Court gave the instruction, and the jury found Adkins guilty. The Court of Appeals affirmed in Adkins v. State, 870 N.E.2d 465 (Ind. Ct. App. July 19, 2007) [see ILB entry here], vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Adkins: Nancy McCaslin, Elkhart, IN. Attorney for State: George Sherman, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals:

None scheduled.

Posted by Marcia Oddi on November 19, 2007 06:38 AM
Posted to Upcoming Oral Arguments