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Monday, December 01, 2008

Ind. Decisions - Upcoming oral arguments this week; includes school finance challenge

This week's oral arguments before the Supreme Court:

This Thursday, Dec. 4th:

9:00 AM - Philip A. Bonner, et al. v. Mitch Daniels, et al. - A student brought a class action suit seeking a declaration that the State's school funding system violates the state constitution. The Marion Superior Court dismissed the action. A divided Court of Appeals reversed. Bonner v. Daniels, 885 N.E.2d 673 (Ind. Ct. App. May 2, 2008), vacated. (See ILB summary here.) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for Appellant: Ronald J. Waicukauski and Jana K. Strain, Indianapolis, Indiana. Michael D. Weisman and Rebecca P. McIntyre, Boston, Massachusetts. Attorneys for Appellee: Steve Carter, Thomas M. Fisher, Heather L. Hagan, Indianapolis, Indiana. Attorneys for Amicus Tax Foundation: Joseph D. Henchman, Washington, D.C. John M. Mead, Indianapolis, IN. Attorneys for Amici National Access Network, Education Law Center, and The Rural School and Community Trust, Inc.: Jerry Garau, Indianapolis, IN. Molly A. Hunter, New York, NY. Ellen Boylan, Newark, NJ. Amanda G. Adler, Columbia, SC.

Here is a list of earlier ILB entries on the school finance case.

9:45 AM - George Jackson v. State of Indiana - The Madison Superior Court denied Jackson's motion to suppress certain evidence, and Jackson was subsequently convicted of unlawful possession of a firearm. The Court of Appeals reversed, holding the search warrant was invalid and the evidence was not otherwise admissible under the good faith exception to the warrant requirement. Jackson v. State, 889 N.E.2d 830 (Ind. Ct. App. July 8, 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. Attorney for Jackson: Anthony C. Lawrence, Anderson, IN. Attorney for State: Justin F. Roebel, 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, Dec. 3rd:

1:30 PM - Indianapolis-Marion County Public Library vs. Charlier Clark, et al - Appellant, Indianapolis-Marion County Public Library, argues that the judgment entered for the appellees, Charlier Clark & Linard, Thornton Tamasetti Engineers and Joseph G. Burns, on its negligence claims was erroneous because those claims were not barred under the economic loss doctrine, as espoused by our Supreme Court. The Scheduled Panel Members areL Chief Judge Baker, Judges Mathias and Brown. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on December 1, 2008 07:20 AM
Posted to Upcoming Oral Arguments