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Monday, November 17, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Wednesday, Nov. 19th:

9:00 AM - In The Matter of B.W. - The Bartholomew Superior Court found the putative father's consent to the adoption was irrevocably implied, and it entered a judgment granting the adoption. The Court of Appeals affirmed. In re Adoption of the Unborn Child of B.W., 889 N.E.2d 1236 (Ind. Ct. App. July 18, 2008), vacated. (See ILB summary here.) The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal. Attorneys for Appellant: Bryan H. Babb and Kelly M. Scanlan, Indianapolis, IN . Attorneys for Appellees: Michael P. Bishop and Heather Wysong Zaiger, Indianapolis, IN . James A. Shoaf, Columbus, IN .

9:45 AM - Brenda Spar v. Jin S. Cha, M.D. - Following a trial in the Lake Superior Court on Spar's medical malpractice complaint, the jury returned a verdict for Dr. Cha. The Court of Appeals reversed and remanded for a new trial, concluding the trial court erred in permitting Dr. Cha to assert an incurred risk defense and in admitting evidence of Spar's consent to prior surgeries. Spar v. Cha, 881 N.E.2d 70 (Ind. Ct. App. Feb. 20, 2008). (See ILB summary here.) Dr. Cha has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorneys for Brenda Spar: Timothy J. Kennedy, Indianapolis, IN and Steven L. Langer, Tara M. Wozniak, Valparaiso, IN. Attorney for Dr. Cha: Robert D. Brown, Merrillville, IN.

10:30 AM - Northern Indiana Public Service Company v. U.S. Steel Corporation - U.S. Steel filed a complaint against Northern Indiana Public Service Company ("NIPSCO") relating to a contract for NIPSCO's sale of electricity to U.S. Steel. The Indiana Utility Regulatory Commission ("IURC") entered summary judgment for U.S. Steel. The Court of Appeals reversed and remanded for the entry of summary judgment for NIPSCO. Northern Indiana Public Service Co. v. United States Steel Corp., 881 N.E.2d 1065 (Ind. Ct. App. March 7, 2008), vacated. (See ILB summary here - 2nd case.) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for U.S. Steel: John F. Wickes, Jr., Todd a. Richardson, Joseph P. Rompala, Karl L. Mulvaney, Nana Quay-Smith, Indianapolis, IN. Attorneys for Amicus Curiae State of Indiana: Thomas M. Fisher and Beth Krogel Roads, Indianapolis, IN. Attorneys for NIPSCO: Jon Laramore, Peter L. Hatton and Elizabeth A. Herriman, Indianapolis, IN. Gregory S. Colton, Merrillville, IN.

This Thursday, Nov. 20th:

9:00 AM - In the Matter of James R. Recker - In this attorney discipline action, the Indiana Supreme Court Disciplinary Commission filed a complaint against the respondent, a part-time public defender, alleging improper use of confidential information obtained from another public defender with whom the respondent shared office space. The hearing officer appointed by the Court filed a report recommending finding no violation of the Rules of Professional Conduct. The Commission has filed a Petition for Review by the Supreme Court. Attorneys for the Disciplinary Commission: Donald R. Lundberg and David B. Hughes, Indianapolis, Indiana. Attorneys for the Respondent: Terry E. Hall and Jon Laramore, Indianapolis, Indiana.

9:45 AM - Kitchin Hospitality, LLC v. Indiana Dept. of State Revenue - The Department of State Revenue denied a taxpayer's claim for a refund of gross retail taxes paid on utilities provided to its guest rooms. The Tax Court reversed in an unpublished memorandum decision, holding the taxpayer is entitled to assert a "Consumed Property Exemption." Kitchin Hospitality, LLC v. Indiana Dept. of State Revenue, 49T10-0604-TA-35 (Ind. Tax Ct. March 3, 2008). The Supreme Court has granted a petition for review of the Tax Court decision. Attorney for Kitchin Hospitality, LLC:: Randal J. Kaltenmark, Larry J. Stroble and Ziaaddin Mollabashy, Indianapolis, IN. Attorneys for Indiana Dept. of State Revenue: Steve Carter, Andrew W. Swain and Jessica E. Reagan Indianapolis, IN.

10:30 AM - Steven McCullough v. State of Indiana - McCullough was convicted of various offenses and sentenced in the Marion Superior Court. McCullough appealed the convictions. The State cross-appealed the sentence arguing it was inappropriately short. The Court of Appeals affirmed the conviction, but did not reach the merits of the State's cross-appeal because McCullough did not appeal the sentence. McCullough v. State, 888 N.E.2d 1272 (Ind. Ct. App. June 30, 2008), vacated. (See the ILB summary here - 7th case.) The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney for McCullough: Steven J. Halbert, Carmel, IN. Attorney for State: Monika Prekopa Talbot, 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 Tuesday, Nov. 18th:

10:00 AM - Frank J. Vance vs. David L. Stainbrook, Marilyn Stainbrook, Hilbert Just and Barbara Just - Appellee's David L. Stainbrook, Marilyn Stainbrook, Hilbert Just, and Barbara Just, by counsel, have filed a Verified Motion to Dismiss Appeal. The Court, having reviewed Appellee's Verified Motion, has concluded that Oral Argument will assist this court in determining whether to grant or to deny it. The Scheduled Panel Members are Judge Kirsch, Sr. Judges Sullivan and Sharpnack.

2:00 PM - Laquania Wallace vs. State of Indiana - Wallace appeals his convictions for Theft and Criminal Mischief. Wallace had also been charged with Burglary but was acquitted of that charge based on the trial court's conclusion that there was a reasonable doubt as to the ownership of the home in question at the time of the incident. On appeal, Wallace argues that there was insufficient evidence to support his convictions for Theft and Criminal Mischief because the furnace and water heater he took were fixtures of the home. Thus, he contends, ownership of these items was not proven beyond a reasonable doubt because ownership of fixtures follows that of the home. The question before the court is whether the State proved beyond a reasonable doubt that items stolen and property damaged was property of a person other than the defendant, Wallace. The Scheduled Panel Members are: Judges Riley, Bailey and Bradford.

Posted by Marcia Oddi on November 17, 2008 09:54 AM
Posted to Upcoming Oral Arguments