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Monday, October 20, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Oct. 23th:

9:00 AM - City of East Chicago v. East Chicago Second Century - In an action involving the direction of certain percentages of riverboat gaming revenue to the City of East Chicago, two non-profit foundations, and a for-profit corporation, the trial court denied the City's motion for summary judgment and dismissed eight of the City's nine counterclaims. On the City's interlocutory appeal and Second Century's cross-appeal, the Court of Appeals affirmed the denial of summary judgment to the City and held that all nine of the City's counterclaims should be dismissed on statute of limitations grounds. City of East Chicago v. East Chicago Second Century, Inc., 878 N.E.2d 358 (Ind. Ct. App. 12/21/2007), vacated. (See ILB entry here) The Supreme Court has granted a petition to transferthe case and has assumed jurisdiction over the appeal. For Appellant, City of East Chicago: James A. Knauer, William Bock, III, and Steven E. Runyan, Indianapolis, IN. For Amicus Curiae, Office of the Attorney General: Steve Carter, Thomas M. Fisher and Heather L. Hagan, Indianapolis, IN. For Appellee, East Chicago Second Century: J. Lee McNeely and Brady J. Rife, Shelbyville, IN. For Appellee, Foundations of East Chicago: Peter J. Rusthoven, Mark J. Crandley, Deborah Pollack-Milgate and Paul L. Jefferson, Indianapolis, IN.

9:45 AM - Steve Carter v. East Chicago Second Century - After the Attorney General intervened in an action involving the direction of certain percentages of riverboat gaming revenue to the City of East Chicago, two non-profit foundations, and a for-profit corporation, the trial court dismissed the Attorney General's counterclaim and crossclaim seeking imposition of a public charitable trust or a constructive trust over the percentage of revenue distributed to Second Century. On appeal, the Court of Appeals affirmed. Steve Carter v. East Chicago Second Century, Inc., 881 N.E.2d 1114 (Ind. Ct. App. 3/12/2008), vacated. (See ILB entry here) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. For Appellant, Office of the Attorney General: Steve Carter, Thomas M. Fisher, Heather L. Hagan and Patrick L. Baude, Indianapolis, IN. For Appellee, East Chicago Second Century: J. Lee McNeely and Brady J. Rife, Shelbyville, 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 Tuesday, Oct. 21st:

12:30 PM - James Gibson, et al vs. Indiana Department of Correction, et al - Effective July 1, 2007, the Indiana statutes providing for a sex offender registry were amended to create a sex and violent offender registry. Ind. Code § 36-2-13-5.5. Thus, one who is convicted of murder, manslaughter, attempted murder, or attempted manslaughter who fails to register with local law enforcement authority in the county where he/she resides, works, and/or is enrolled in school, commits a felony. Ind. Code §§ 11-8-8-7, -17. In August 2007, the plaintiffs, former offenders, filed a complaint asserting that their inclusion on the registry and the imposition of the various registration requirements violates the Indiana Constitution, specifically Sections 23 and 12 of Article 1. The defendants include the Indiana Department of Correction and various county sheriff's departments and prosecutors. Following a hearing, the Marion Superior Court issued findings of fact, conclusions of law, and entry of preliminary injunction on March 13, 2008. The plaintiffs, now certified as a class, appeal the denial of the preliminary injunction with respect to the 10-year registration requirement for violent offenders. The defendants, also now certified as a class, cross-appeal the portion of the preliminary injunction that bars lifetime registration by certain violent offenders. The Scheduled Panel Members are: Judges Darden, Mathias and Crone. [Where: Rediger Auditorium, Taylor University, 236 West Reade Avenue, Upland, Indiana 46989]

Posted by Marcia Oddi on October 20, 2008 09:27 AM
Posted to Upcoming Oral Arguments