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Monday, May 19, 2008

Ind. Decisions - Upcoming oral arguments this week [Updated]

This week's oral arguments before the Supreme Court:

This Thursday, May 22nd:

9:00 AM - David Camm v. State - Following retrial, by jury, in the Warrick Superior Court, Camm was convicted of three counts of murder in the killing of his wife and their two children. The jury recommended a sentence of life imprisonment without parole, and the trial court sentenced Camm accordingly. In this direct appeal of the conviction and sentence, Camm raises several issues concerning the evidence and the manner in which the trial court conducted the trial. Attorneys for Camm: Stacy Uliana, Indianapolis, IN; Katharine Liell, Bloomington, IN. Attorneys for State: Stephen Creason, Kelley Miklos, Indianapolis, IN. Attorney for Amicus: F. Thomas Schornhorst, Oxford, MS. [Here is a list of ILB entries on the David Camm case.]

9:45 AM - Debra Barnett v. Camille Clark - Debra Barnett filed a complaint against the Trustee of Pleasant Township alleging the Trustee was liable for the sexual misconduct of her employee under the doctrine of respondeat superior. The trial court entered summary judgment for the Trustee. The Court of Appeals reversed, concluding whether the employee was acting within the scope of his employment was an issue of fact. Barnett v. Clark, 877 N.E.2d 839 (Ind. Ct. App. Dec. 11, 2007), vacated. [See ILB summary here.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over this appeal. Attorney for Barnett: Christopher Wheeler, Angola, IN. Attorneys for Clark: Robert Keen, Jr., Kelly Pautler, Fort Wayne, IN. Attorney for Amici Curiae Indiana Chamber of Commerce, et al.: Thomas Wheeler, Indianapolis, IN.

[Note - The Supreme Court's calendar and webcast sites have been out of order this weekend and continue to be so this morning.]

[Update at 10:41 AM - the Court's calendar is still unavailble, but the webcast site is now back online.]

Webcasts will be available here.

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

This Wednesday, May 21st:

2:00 PM - Chanelle L. Alexander vs. Marion County Sheriff and the Commissioner of the Indiana Department of Administration - Appellants-Plaintiffs filed a complaint claiming that the Appellees-Defendants did not have the constitutional or statutory authority to enter into contracts for the provision of collect telephone call services to the Marion County jail and Indiana Department of Correction facilities. The trial court granted summary judgment in favor of the Appellees-Defendants, concluding that the Appellees-Defendants could enter into the contracts under the statutory authority granted them to operate and maintain their respective facilities. The trial court also concluded that the rates charged were reasonable. The Scheduled Panel Members are: Judges Friedlander, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom]

This Thurssday, May 22nd:

11:30 AM - Susana Henri v. Stephen Curto - Appellant-Plaintiff, Susan Henri (Henri), appeals the trial court's judgment in favor of Appellee-Defendant, Stephen Curto (Curto), finding that Curto did not rape her, and awarding him $45,000 on his counterclaim for tortious interference with contract. Henri asserts that certain improprieties occurred with jury and that certain juror questions during deliberation were not properly handled. Henri also asserts that Curto did not prove the elements of causation or the absence of justification to support his counterclaim that Henri had intentionally interfered with his contract with Butler University, resulting in his four-year suspension from that school. Curto asks for an award of fees on appeal alleging that Henri has repeatedly defamed him in her Appellant's Brief. The Scheduled Panel Members are: Chief Judge Baker, Judges Riley and Robb. [Where: Indiana Supreme Court Courtroom - To Be Webcast]

1:30 PM - Michael Lukis, et al vs. Dean Ray, et al - The Appellant purchased an end lot on a cove on Lake James causing severe lake access problems to Appellees. The Scheduled Panel Members are: Chief Judge Baker, Judges Riley and Robb. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on May 19, 2008 06:40 AM
Posted to Upcoming Oral Arguments