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Monday, October 13, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Wednesday, Oct. 15:

9:00 AM - Kerry L. Meredith v. State of Indiana - A Richmond police officer stopped Meredith to examine a temporary vehicle tag in the rear window of the vehicle, and later searched the vehicle with Meredith's permission, finding cocaine. The Wayne Circuit Court denied Meredith's motion to suppress the evidence obtained during the traffic stop, but the Court of Appeals reversed in Meredith v. State, 878 N.E.2d 453 (Ind. Ct. App. 12/28/2007), clarified on reh'g 886 N.E.2d 79 (5,/15/2008), vacated. The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney for Meredith: E. Thomas Kemp, Richmond, IN. Attorney for State: George P. Sherman, Indianapolis, IN.

9:45 AM - State of Indiana v. Shannon Hollars - A jury found Hollars guilty of attempted murder, but the Clinton Superior Court ordered a new trial. The Court of Appeals reversed in State v. Hollars, 887 N.E.2d 197 (Ind. Ct. App. 6/3/2008), vacated. (see ILB entries here-6th case, and here.) The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney for Appellant: Cynthia L. Ploughe, Indianapolis, IN. Attorney for Appellee: Bradley K. Mohler, Frankfort, IN.

10:30 AM - Brenda and Darren Wagner v. Bobbi J. Yates - In this dispute regarding underinsured motorist ("UIM") insurance liability, the Floyd Superior Court granted summary judgment in favor of a secondary UIM insurer. The Court of Appeals affirmed, holding the secondary UIM insurer could set off payments made by the primary UIM insurer. Wagner v. Yates, 884 N.E.2d 331 (Ind. Ct. App., 4/14/2008), vacated. (See ILB entry here - 4th case.) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for Appellant: Stephen T. Naville and Gregory M. Reger New Albany, IN. For Appellees: Sandra L. Heeke and George A. Budd, V, New Albany, IN.

This Thursday, Oct. 16:

12:00 PM - Stanley Klotz v. Sarah Hoyt & Chrissy Kornmann - In a dispute between a landlord and tenants regarding the payment of back rent and return of the security deposit, the Delaware Circuit Court entered judgment for the tenants. The Court of Appeals reversed. Klotz v. Hoyt, 880 N.E.2d 1234 (Ind. Ct. App., Feb. 25, 2008), vacated. (See ILB summary here - 2nd case.) The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal. Attorney for Klotz: David J. Karnes, Muncie, IN. Attorney for Hoyt: Alan K. Wilson, Muncie, IN. [Where: Indiana University School of Law - Moot Court Room, 211 S. Indiana Avenue, Bloomington, IN.] [Updated: See this later ILB entry for more details.]

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. 14th:

10:00 AM - Mark Studler v. Indiana Bureau of Motor Vehicles - Mark Studler filed suit against the Indiana Bureau of Motor Vehicles ("BMV") and Ronald Stiver, in his official capacity as Commissioner of the BMV, challenging Indiana Code section 9-18-24.5-1, which authorizes a speciality license plate featuring an "In God We Trust" design. The BMV offers the "In God We Trust" plate at no additional charge. Studler, who paid a $40 administrative fee to obtain an environmental specialty plate, contended that providing the "In God We Trust" plate for no fee violates Article I, section 23 of the Indiana Constitution. Both parties filed motions for summary judgment in the trial court; Studler's motion was denied and the BMV's motion was granted as a final judgment. Studler appeals the grant of summary judgment to the BMV. The Scheduled Panel Members are: Judges Robb, Barnes and Crone [Where: Walden Inn and Conference Center, DePauw University, 2 West Seminary Street, Greencastle, Indiana.] [For more info, see this ILB entry from Oct. 5th, headed "'In God We Trust' License Plate Case set for Oct. 14".]

Posted by Marcia Oddi on October 13, 2008 07:54 AM
Posted to Upcoming Oral Arguments