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Monday, March 09, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court:
This Tuesday, March 10th:
- 10:00 AM - Tommy Alvey v. State of Indiana - Alvey was charged with dealing in methamphetamine and other offenses, and the Vanderburgh Superior Court denied a pre-trial motion to suppress the State’s evidence. The trial court then accepted a plea agreement in which Alvey expressly reserved the right to appeal the ruling on the motion to suppress, and Alvey initiated this appeal. While noting a split of authority, the Court of Appeals held that Alvey’s plea foreclosed his right to challenge the pretrial ruling on the motion to suppress in Alvey v. State, 897 N.E.2d 515 (Ind. Ct. App. Dec. 8, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of COA opinion.]
- 10:45 AM - Brennen Baker v. Tremco Inc. - After Baker left his employment with Tremco and formed his own business, Tremco asserted Baker was violating a non-compete clause in his employment agreement. The parties filed various claims against each other. Baker denied violating the non-compete clause and asserted claims of defamation, wrongful discharge, tortious interference with a business relationships, and violation of Indiana's Blacklisting Statute. The trial court entered summary judgment for Tremco on Baker's claims. The Court of Appeals affirmed in part, reversed in part, and remanded. Baker v. Tremco, Inc., 890 N.E.2d 73 (Ind. Ct. App., July 16, 2008), vacated. Both parties filed petitions to transfer. The Court has granted the petitions and has assumed jurisdiction over this appeal. [See ILB summary of COA opinion - 6th case.]
Next week's oral arguments before the Supreme Court:
- None currently scheduled
This week's oral arguments before the Court of Appeals:
This Wednesday, March 11th:
- 1:30 PM - Wymberley Sanitary Works, Inc. v. Earl L. Batliner, et al - Appellant, Wymberley Sanitary Works, signed a contract to provide sewer service to two new residential subdivisions in Floyd County. It selected a route for its sewer lines that crossed four parcels of private property, and it sought to take easements by eminent domain when offers to purchase the easements failed. The trial court dismissed Wymberley's complaint. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Crone. [Where: Indiana Supreme Court Courtroom]
- None currently scheduled
Posted by Marcia Oddi on March 9, 2009 06:39 AM
Posted to Upcoming Oral Arguments