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Monday, September 01, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Sept. 4th:

9:00 AM - Dennis Conwell v. Gray Loon Outdoor Marketing Group, Inc. - In a contract dispute relating to the redesign and posting of a website, the Vanderburgh Superior Court entered judgment for Gray Loon Outdoor Marketing Group. The Court of Appeals affirmed. Conwell v. Gray Loon Outdoor Mktg. Group, Inc., No. 82A04-0609-CV-488, (Ind. Ct. App., 9/7/2007), reh'g denied, vacated. [See ILB summary here - 3rd case.] The Supreme has granted a petition to transfer the case and has assumed jurisdiction over this appeal. Attorney for Appellant: Robert R. Faulkner, Evansville, IN. Attorney for Appellee: James E. Gentry, Jr., Evansville, IN.

9:45 AM - Edwin Hayes, Jr. v. State - The Dearborn Circuit Court accepted the appellant’s guilty plea to various charges and sentenced him accordingly. The Court of Appeals reversed one of the convictions because the facts did not create a sufficient evidentiary foundation. See Hayes v. State, 879 N.E.2d 1179 (Ind. Ct. App. 1/31/2008), vacated. The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney for Hayes: Leanna Weissmann, Lawrenceburg, IN. Attorney for State: Scott L. Barnhart, Indianapolis, 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 Wednesday, Sept. 3rd:

10:00 AM - Andrew Kawlewski vs. State of Indiana - Appellant-Defendant appeals his conviction for possession of cocaine, as a Class D felony, following jury trial. Appellant-Defendant was a passenger in a vehicle pulled over for a signal violation which escalated to a drunk driving investigation of the driver. Appellant-Defendant argues that because he was detained for 19 minutes without any reasonable, articulable suspicion of criminal activity, his constitutional rights were violated. The Scheduled Panel Members are: Judges Riley, Bailey and Bradford. [Where: Indiana Court of Appeals Courtroom]

2:00 PM - Ray A. Haas, M.D., v. Donald Bush, Personal Representative of the Estate of Elaine Brown - In this medical malpractice case, Appellant/Defendant Ray A. Haas, M.D. appeals a jury verdict in favor of Donald Bush, Personal Representative of the Estate of Elaine Bush. Haas claims the Indiana Supreme Court exceeded its authority under the Indiana Constitution when it established the loss of chance doctrine in the case of Mayhue v. Sparkman, 653 N.E.2d 1384 (Ind. 1995). Specifically, his challenge is based on article 1, § 1 and article 4, § 1 (separation of powers) and article 1, § 23 (equal privileges, including an as-applied challenge) of the Indiana Constitution. In a separate argument, Haas claims the trial court erred when it declined to exclude the written opinion of the Medical Review Panel from evidence at trial. The Scheduled Panel Members are: Judges Friedlander, Kirsch and Bailey. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on September 1, 2008 06:19 AM
Posted to Upcoming Oral Arguments