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Monday, May 18, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/18/09):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 5/25/09):
Next Thursday, May 28th
- 9:00 AM - Daniel Ray Wilkes v. State of Indiana - The State charged Daniel Ray Wilkes with three murders committed in Vanderburgh County, and requested the death sentence. Upon a change of venue, the case was tried in Clark County. The jury convicted Wilkes of three murders, but did not reach a unanimous decision on the sentence. The Clark Circuit Court sentenced Wilkes to death. In this direct appeal, Wilkes argues various errors occurred during trial and at sentencing.
- 10:05 AM - Kevin D. Burke v. Duke Bennett - The 2007 general election resulted in Bennett receiving more votes than Burke for the office of mayor of Terre Haute. Burke then filed an election contest, claiming that Bennett was ineligible to run for or assume that office, but the Vigo Circuit Court rejected Burke’s contest and declared Bennett eligible to assume the office. Later, the Court of Appeals reversed and held that Bennett is disqualified, the office of mayor is vacant, and a special election is required. Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008), vacated. The Supreme Court has granted petitions to transfer and has assumed jurisdiction over the appeal.
This is the Terre Haute mayoral race / Little Hatch Act dispute. Transfer was granted to both Appellant and Appellee. See this ILB entry for background. See the Nov. 13, 2008 ILB summary of the COA opinion here. See also this long list of earlier ILB entries on the Terre Haute mayoral dispute.
- 10:55 AM - In re Termination of Parent-Child Relationship of M.B. and S.B. - The Howard Circuit Court denied a mother's Trial Rule 60(B) motion to set aside an order for the voluntary termination of parental rights. The Court of Appeals affirmed, holding that an addendum to the mother's consent providing for post-adoption visitation was unenforceable and that severing the addendum did not frustrate the basic purpose of the remainder of the agreement. In re M.B., 896 N.E.2d 1 (Ind. Ct. App. 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
See ILB summary of Oct. 31, 2008 COA opinion here. From the COA opinion: "A partial termination of parental rights does not exist under Indiana law. Either the parent-child relationship survives, or it does not."
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 5/18/09):
- None currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 5/25/09):
- None currently scheduled.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on May 18, 2009 07:53 AM
Posted to Upcoming Oral Arguments