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Monday, March 17, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

None scheduled.

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

This Wednesday, March 19th:

11:15 AM - Nature's Link vs. Thomas & Amy Przybyla - Appellant-Defendant appeals the trial court's order granting Appellees-Plaintiffs' Motion for New Trial following a jury verdict awarding the Appellees-Plaintiffs zero dollars. The issues to be presented at argument are: (1) Whether the trial court erred in setting aside the jury's verdict under Trial Rule 59(J); and (2) Whether the trial court erred in setting aside the jury's verdict under Trial Rule 60(B)(3). The Scheduled Panel Members are: Judges Riley, Kirsch and May. [Where: Indiana Supreme Court Courtroom]

This Thursday, March 20th:

1:30 PM - John R. Myers, II vs. State of Indiana - Appellant-Defendant John R. Myers II appeals his conviction, following a jury trial, for Murder. Myers challenges his conviction by claiming the trial court erred on the following grounds: (a) by denying his motion for change of venue; (b) by denying his motions in limine seeking to exclude testimony of witnesses Betty Swaffard and Carly Goodman; (c) by admitting certain expert testimony regarding the uncharged crime of rape; (d) by admitting an interrogation tape without a proper admonition to the jury; (e) by excluding an FBI report which allegedly corroborated his alibi and pointed to others as perpetrators; (f) by denying his motion for a mistrial on the basis of an alleged violation of a separation-of-witnesses order; (g) by denying his motion for a mistrial on the basis of one witness's allegedly improper reference to a polygraph examination and another witness's allegedly improper statement that Myers knew certain unique facts of the crime; and (h) by denying his motion for a mistrial due to alleged jury misconduct. In further challenging his conviction, Myers points to the claimed cumulative effect of the above alleged errors and also argues that there was insufficient evidence to support a finding of guilt. The Scheduled Panel Members are: Judges Darden, Barnes and Bradford. [Where: Indiana Supreme Court Courtroom]

Webcasts will be available here.

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

This Tuesday, March 18th:

10:00 AM - Frederick W. Dennerline, et al vs. Jim Atterholt - After liquidating the failed Construction Industry Trust (ICIT), Insurance Commissioner Jim Atterholt filed suit against various parties to recover $17.9 million in unpaid health care claims. Frederick W. Dennerline III, a partner in the law firm of Fillenwarth, Dennerline, Groth & Towe, was ICIT's outside legal counsel. Atterholt sued both Dennerline and his firm for legal malpractice. Atterholt settled with all defendant's except Dennerline and his firm. A jury found Dennerline and his firm 100% at fault and awarded Atterholt $17.9 million in damages. Dennerline and his firm appeal several of the trial court's rulings and the jury's allocation of fault. The Scheduled Panel Members are: Judges Darden, May and Crone. [Where: Indiana Court of Appeals Courtroom]

This Wednesday, March 19th:

10:00 AM - Arthur B. Harris vs. State of Indiana - Arthur B. Harris was convicted of attempted voluntary manslaughter and carrying a handgun without a license after a jury trial. He raises several issues on appeal: (1) whether the trial court properly instructed the jury regarding the elements of attempted voluntary manslaughter when it failed to instruct that the jury must find that he had the specific intent to kill in order to convict him of that offense; (2) whether the State presented sufficient evidence to support his conviction for attempted voluntary manslaughter; (3) whether the trial court erred in permitting the State to amend the charging information from attempted murder to attempted voluntary manslaughter; and (4) whether the trial court abused its discretion when it admitted a video of Harris at the crime scene and his statements made at that time into evidence at the trial. The Scheduled Panel Members are: Judges Riley, Kirsch and May. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on March 17, 2008 06:02 AM
Posted to Upcoming Oral Arguments