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Monday, June 09, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, June 12th:

9:00 AM - State v. Raymond Washington - Washington was stopped by police for a traffic infraction and asked whether he had guns, drugs or anything that might harm the officer. Washington responded that he had marijuana in his front pocket. When Washington was charged with a Class A misdemeanor for possession of marijuana, the Allen Superior Court granted Washington's motion to suppress the marijuana, and the Court of Appeals affirmed in State v. Washington, 875 N.E.2d 278 (Ind. Ct. App. Oct. 22, 2007), vacated. (ILB summary here.) The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorney for State; Cynthia Ploughe of Indianapolis, IN. Attorney for Washington; David Joley of Fort Wayne, IN.

9:45 AM - Randall Wagler v. West Boggs Sewer District - The sewer district sued to obtain an easement. Over certain landowners' objection, the Daviess Circuit Court entered an interlocutory order of appropriation and appointment of appraisers. Landowners appealed. After the Court of Appeals granted the landowners' request that they be relieved of the obligation to post the appeal bond required by the trial court, the sewer district filed a motion for emergency transfer to the Supreme Court pursuant Appellate Rule 56(A). The Supreme Court has granted transfer, assuming jurisdiction over the appeal. Attorneys for Appellants: Mark Small, Indianapolis, Indiana. Marilyn A. Hartman, Bloomfield, Indiana . Attorneys for Appellee: Alan S. Townsend, Bryan H. Babb, Stephen C. Unger, Indianapolis, Indiana.

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, June 9th:

1:00 PM - American National Property and Casualty Insurance Company vs. Traci Wilmoth, et al - Three people died when a house insured by the American National Property & Casualty Co. ("ANPAC") burned. Wilmoth, a lessee and the mother of two victims, and Sharpe, administrator of the third victim's estate, sued ANPAC, alleging it permitted spoliation of evidence they might have needed in an action against the owner of the house. ANPAC's motion for summary judgment was denied and a jury awarded damages to Wilmoth and Sharpe.. ANPAC argues on appeal it was entitled to summary judgment because Wilmoth and Sharpe could not show they were injured by the destruction of the evidence - their experts were able to give opinions even though it was not available. Nor, ANPAC says, did it have a duty to Wilmoth and Sharpe as they were not its insureds and it did not have exclusive possession of the evidence. ANPAC also raises a number of errors in the admission or exclusion of other evidence at trial, and in the jury instructions The Scheduled Panel Members are: Judges Riley, Kirsch and May. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on June 9, 2008 09:09 AM
Posted to Upcoming Oral Arguments