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Monday, April 21, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, April 24th:

9:00 AM - State of Indiana v. Charlene Davis - Davis was found to be incompetent to stand trial on certain criminal charges, and it was determined that she would not likely be restored to competence within the foreseeable future. The Marion Superior Court granted Davis's motion to dismiss the criminal charges. The Court of Appeals reversed in State v. Davis, 875 N.E.2d 779 (Ind. Ct. App., Nov. 8, 2007) (see ILB summary here). Davis has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorneys: For Appellant State of Indiana: Cynthia L. Ploughe, Indianapolis, IN. For Appellee Charlene Davis: Anna E. Onaitis, Indianapolis, IN. Attorneys for Amicus American Civil Liberties Union of Indiana: Kenneth Falk, and Gavin Rose, Indianapolis, IN. [Note: Arguments apparently will not be webcast.]

9:45 AM - Kirk Reuille v. E.E. Brandenberger Construction, Inc. - After the parties in this case reached a private settlement on all claims except for attorney fees, the trial court denied the plaintiff's request for attorney fees under the parties' written contract that allowed the prevailing party to collect fees. The Court of Appeals affirmed, holding that the plaintiff did not qualify as a prevailing party. Reuille v. E.E. Brandenberger Constr., Inc., 873 N.E.2d 116 (Ind. Ct. App., Sept. 6, 2007), vacated (see ILB summary here). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Reuille; Craig Patterson of Fort Wayne, IN. Attorneys for E.E. Brandenberger Constr., Inc.; A. Dale Bloom and Jeremy J. Grogg both of Fort Wayne, 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, April 21st:

3:00 PM - Tim Sinks v. Krista L. Caughey - Defendant appeals denial of motion to dismiss plaintiff's complaint arising from automobile accident on basis of statute of limitations (SOL). Trial court found that although amended complaint was filed after SOL had run, it related back to date of filing original complaint pursuant to Trial Rule 15(c). The Scheduled Panel Members are: Judges Sharpnack, Vaidik and Barnes. [Where: Valparaiso University School of Law.]

This Tuesday, April 22nd:

10:30 AM - James H. Helton v. State of Indiana - Petitioner was charged with possession of methamphetamine and possession of marijuana. After a trial started he decided to plead guilty to possession of methamphetamine and the State agreed to dismiss the other charge. He was sentenced, filed a petition for post-conviction relief, which the court denied. Petitioner now appeals. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and May. [Where: Springs Valley Jr/Sr High School, 326 S. Larry Bird Blvd., French Lick, Indiana.]

This Thursday, April 24th:

9:30 AM - Jerald J. Womack vs. State of Indiana - Jerald J. Womack appeals from his Kosciusko County convictions for Class D felony marijuana possession and for being a habitual controlled substance offender as well as the sentence imposed. The convictions are based on evidence that marijuana was found in a car in which Womack had been driving and that he had a certain number of prior controlled substance convictions. Womack contends that the police search of the car violated his rights under the Indiana and federal constitutions and that the State failed to prove that he possessed the marijuana that was found, he was driver of the car, and he was the person convicted of a prior crime that then supported the finding that he was a habitual controlled substance offender. Womack also contends that his aggregate nine-year sentence is inappropriate in light of the nature of his offenses and his character. The Scheduled Panel Members are: Chief Judge Baker, Judges Crone and Bradford. [Where: Wawasee High School, 1 Warrior Path #1, Syracuse, Indiana.]

Posted by Marcia Oddi on April 21, 2008 06:41 AM
Posted to Upcoming Oral Arguments