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Monday, September 29, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Tuesday, Sept. 30th:

9:00 AM - Shawn E. Norris v. State - Norris pleaded guilty to child molesting in 2004, and then in 2007, petitioned for post-conviction relief on grounds of newly discovered evidence that he had not committed the offense. The Kosciusko Superior Court denied relief without a hearing. The Court of Appeals reversed, concluding that issues of material fact precluded summary disposition. Norris v. State, 881 N.E.2d 691 (Ind. Ct. App., 2/28/ 2008 - see ILB summary here), vacated. The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney for Norris: Nancy A. McCaslin, Elkhart, IN. Attorney for State: Arthur Thaddeus Perry, Indianapolis, IN.

9:45 AM - Filter Specialists, Inc. v. Dawn Brooks - After the Michigan City Human Rights Commission ruled that Filter Specialists engaged in racial discrimination when firing two employees and awarded back pay, Filter Specialists petitioned for judicial review. The LaPorte Circuit Court affirmed the Commission's decision. The Court of Appeals reversed and held that the Commission's decision was not supported by substantial evidence. Filter Specialists, Inc. v. Brooks, 879 N.E.2d 558 (Ind. Ct. App. 12/28/2007, a 2-1, 58-page opinion - see ILB summary here, about half-way down the page), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal. Attorneys for Filer Soecialists: Timothy W. Woods and Brian Gates, South Bend, IN. Attorneys for Brooks and Weathers: Shaw R. Friedman,LaPorte, IN. Jay Lauer, South Bend, IN. Attorney for Michigan City Human Rights Commission: Lawrence W. Arness, Michigan City, IN .

Webcasts will be available here.

This week's oral arguments before the Court of Appeals that will be webcast:

This Monday, Sept. 29th:

2:00 PM - State of Indiana, Bureau of Motor Vehicles vs. Ash, Inc. - Appellant Indiana Bureau of Motor Vehicles ("BMV") appeals the trial court's order granting Appellee Ash, Inc.'s motion for summary judgment. Ash, Inc. cross-appeals, challenging the trial court's award of damages. In 2000, BMV leased two properties from Ash, Inc. for a period of ten years. Pursuant to a cancellation clause in the original leases, BMV terminated the leases in 2005. Ash, Inc. filed suit against BMV alleging that the parties modified the leases in 2003 by eliminating the cancellation clause and that BMV breached the leases when it vacated the properties in 2005. Both parties filed motions for summary judgment. The trial court granted Ash, Inc.'s motion for summary judgment finding that BMV breached the modified leases when it vacated the properties. The trial court also found that Ash, Inc. was not entitled to future damages. The Scheduled Panel Members are: Judges Friedlander, Darden and Barnes. [Where: Indiana Supreme Court Courtroom]

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Monday, Sept. 29th:

6:00 PM - Paul L. Mishler vs. State of Indiana - Was there sufficient evidence to support convictions for two counts of Child Molesting? The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Mathias. [Where: I.U. Law School, Bloomington, Indiana] [For more info, see this ILB entry from Sept. 19th]

This Tuesday, Sept. 30th:

10:00 AM - James H. Bowden and Edward E. Bowden vs. City of West Lafayette, Indiana - The Bowdens appeal the trial court's grant of summary judgment in favor of the City of West Lafayette in the City's claim that the Bowdens violated city zoning ordinances by allowing too many tenants in one residential unit, submitting false rental affidavits, and operating a business on the property. After the Bowdens were charged with zoning violations, the trial court bifurcated the issues of injunctive relief and fines. A permanent injunction was entered after the trial court found that the Bowdens had committed zoning violations. Thereafter, the trial court granted summary judgment in favor of the City on the issue of fines. The Bowdens contend that the trial court erred in denying their request for a jury trial on the question of fines. The Scheduled Panel Members are: Judges Kirsch, Vaidik and Crone. [Where: Indiana Court of Appeals Courtroom]

11:00 AM - Adam Drake vs. State of Indiana - Appellant was charged with Battery, a Class D Felony and Resisting Law Enforcement, a Class A Misdemeanor. Did he knowingly waive his right to assistance of counsel? The Scheduled Panel Members are: Chief Judge Baker, Judges May and Brown. [Where: Vincennes University, Vincennes, Indiana ]

Posted by Marcia Oddi on September 29, 2008 10:00 AM
Posted to Upcoming Oral Arguments