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Monday, April 14, 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 NOT be webcast:

This Tuesday, April 15th:

10:30 AM - Gary and Katherine Hoesman v. Daniel Sheffler, et al - After the initial trustee died, Julia Sheffler was appointed successor trustee of the Ann Klapper Testamentary Trust. Over several years, Sheffler converted trust assets, which resulted in her removal as trustee and the Trust obtaining a judgment against her in the amount of $288,144.95. The Trust also sought to obtain judgments against Sheffler's husband, Sheffler's mother individually, and Sheffler's mother in her capacity as trustee of two revocable trusts, on theories of constructive trust and fraudulent transfer. The trial court, however, granted Sheffler's husband and Sheffler's mother summary judgment. The Trust appeals these rulings. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Cecilian Auditorium, Conservatory of Music Building, St. Mary-of-the-Woods College]

1:30 PM - Otis Freshwater vs. State of Indiana - Appellant-Defendant Otis Freshwater appeals his conviction, following a jury trial, for Armed Robbery and Residential Entry. Freshwater challenges his conviction by claiming that the trial court erred on the following grounds: (a) by admitting hearsay statements from Officer Leland Smith over Freshwater's objection; and (b) by denying Freshwater's motion for a directed verdict on the evidence as to Count 2, Residential Entry. The Scheduled Panel Members are: Judges May, Barnes and Bradford. [Where: Heritage Christian School, Indianapolis, Indiana]

This Thursday, April 17th:

2:00 PM - Marion County, et al vs. State of Indiana, et al, - Marion and St. Joseph counties brought an action against the State after the State tried to recover from the counties some $75 million it spent to operate juvenile detention facilities in the two counties. The Indiana constitution provides the General Assembly "shall provide institutions for the correction and reformation of juvenile offenders." A statute purports to allow the State to recover such expenses from counties, but until 2005 it addressed only two juvenile facilities. The State won summary judgment on the grounds the statute is constitutional, the counties lacked standing to bring the action, and the action was barred by laches and the statute of limitations. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and May. [Where: University of Southern Indiana, Mitchell Auditorium of the Health Professions Building, Evansville, Indiana]

Posted by Marcia Oddi on April 14, 2008 09:08 AM
Posted to Upcoming Oral Arguments