Cases Granted Transfer and Awaiting Decision

This is a dynamic list of "rulings in limbo" -- i.e. cases for which the Supreme Court has granted transfer, thereby vacating the lower court ruling, but which are undecided.

The list does not include those granted transfer and disposed of in the same day. And the list is currently far from complete -- it currently tracks grants going back to the June 30, 2006 weekly list of transfers. There are a number of cases outstanding from before then. But over time this list should become all-inclusive.

Within a week after a case on the list has been decided, it is moved to a separate "decided cases" category at the end of this list.

Comments and corrections are welcome. Disclaimer - Although I try to make sure this is accurate, it is at best a rough guide; please refer to official sources for information you will rely upon.


Cases Granted Transfer by the Supreme Court and Awaiting Decision
List last updated 1/15/07

(The most recent grants are at the end of the list)
32S01-0606-CR-237 32A01-0501-CR-6
Eligio C. Fajardo v. State of Indiana
Appellant Granted 6-29-06
Mathias, J. NFP 12-13-05
[No ILB entry - NFP]

49S02-0606-CV-242 49A02-0505-CV-472
Tabatha J. Naugle v. Beech Grove City Schools
Appellant Granted 6-30-06
Baker, J. FP 1-18-06
[ILB entry] - Wage Payment Statute issues
Oral argument: Held 10/26/06 (view)

64S04-0606-CV-236 64A04-0502-CV-95
Porter Development LLC v. First National Bank of Valparaiso
Appellee Cross-Appellant Granted 6-28-06
Riley, J. FP 11-22-05
[ILB entry] - the meaning of the term "entitled" to attorney fees in IC 28-9-5-3
Oral argument: Held 9/26/06 (view)

15S01-0606-CV-239 15A01-0409-CV-405
George Row v. Holly Holt, Herbert Houseworth, et al
Appellee Granted 6-28-06
Mathias, J. FP 9-30-05
[ILB entry] - law enforcement officials qualified immunity

02S04-0608-CV-292 02A04-0412-CV-671
W. Ruth Mullins and Johnce Mullins, Jr. v. Parkview Hospital, Inc., et al
Appellee Granted 8-17-06
Baker, J. FP 6-30-05
[ILB entry - none, but here is decision] - negligence
Oral argument: Held 9/26/06 (view)

03S05-0608-CV-293 03A05-0602-CV-56
Virginia (England) Snow v. Steward England
Appellant Granted 8-17-06
Baker, J. NFP 6-21-06
[No ILB entry - NFP] - divorce; financial obligation of child's guardian
Oral argument: Held 9/19/06 (view)

56S03-0608-CV-303 56A03-0405-CV-235
James Rose and Robert Underwood v. Mercantile National Bank of Hammond
Appellee Granted 8-24-06
May, J. FP 3-31-06
[ILB entry] - various issues
Oral argument: Held 11/8/06 (view)

45S03-0608-CV-302 45A03-0408-CV-368
State Farm Mutual Automobile Insurance Company & Michael Cancel v. Francisco
Gutierrez

Appellee Granted 8-24-06
Najam, J. FP 3-30-06
[ILB entry] - was motion to bifurcate untimely, etc.

49S05-0608-CR-305 49A05-0504-CR-234
Nicholas Biddinger v. State of Indiana
Appellant Granted 8-24-06
Baker, J. FP 4-25-06
[ILB entry] - Blakely issues
Oral argument: Held 11/14/06 (view)

10S01-0608-CR-306 10A01-0509-CR410
Warren Gutermuth v. State of Indiana
Appellee Granted 8-24-06
Crone, J. FP 6-7-06
[ILB entry] - sentencing issues
Oral argument: Set for 11/8/06 (view) [Now stayed: "The motion to stay further proceedings in this appeal is granted and the order scheduling oral arguments for Nov. 8, 2006 is vacated. The parties will notify the Court ... when the U.S. Supreme Court has issued a decision in Burton v. Waddington. 10/19/06]

47S01-0609-CV-319 47A01-0412-CV-504
Indiana Insurance Guaranty Assoc. v. Bedford Regional Medical Center
Appellee Granted 8-31-06
Crone, J. FP 1-26-06
[ILB entry] - medical malpractice insurance coverage
Oral argument: Held 11/14/06 (view)

29S04-0609-CV-326 29A04-0412-CV-638
Paul Meyers v. James Meyers and Eva Meyers d/b/a J. Meyers Construction
Appellee Granted 9-7-06
Robb, J. FP 4-26-06
[ILB entry] - employment-at-will
Oral argument: Held 11/21/06 (view)

72S04-0609-CV-332 72A04-0507-CV-00373
Eusebio Kho, M.D. v. Deborah Pennington, Findling Garau Germano & Pennington, P.C. & Ruby Miller
Appellant Granted 9-19-06
May, J. FP 5-5-06
[ILB entry] - malicious prosecution
Oral argument: Held 11/28/06 (view)

15S01-0609-CR-333 15A01-0505-CR-205
Carlos M. Jackson v. State of Indiana
Appellant Granted 9-19-06
Vaidik, J. NFP 2-15-06
[No ILB entry - NFP] (but see court summary - "neither the defendant nor counsel appeared on the day set for trial. Defendant was tried in absentia")
Oral argument: Held 11/28/06 (view)

20S03-0610-CV-350 20A03-0506-CV-293
Ford Motor Company & Eby Ford Lincoln Mercury v. Marilyn Rushford
Appellant Granted 10-3-06
Sharpnack, J. FP 4-11-06
[ILB entry] - issue re air bag warning
Oral argument: Held 12/14/06 (view)

16S05-0610-CV-351 16A05-0505-CV-244
Mainsource Bank v. Eva Hermann
Appellant Granted 10-3-06
May, J. FP 2-28-06
[ILB entry] - doctrine of equitable election
Oral argument: Held 10/3/06 (view)

45S03-0611-CR-452 45A03-0506-CR-249
Andrew Lee Watts v. State of Indiana
Appellant Granted 11-8-06
Sullivan, J. NFP 9-7-06
[no ILB entry, here is CA opinion]
- "At trial on a charge of murder, the jury was instructed on voluntary manslaughter over the objection of Watts. Following the jury’s verdict, the Lake Superior Court entered a judgment of conviction for voluntary manslaughter and sentenced Watts accordingly. The Court of Appeals affirmed in an unpublished memorandum decision" (from court ite summary) Oral argument: Held 1/3/07 (view)

29S04-0611-CV-469 29A04-0506-CV-358
The City of Carmel, Indiana v. Martin Marietta Materials, Inc.
Appellant Granted 11-14-06
Robb, J. FP 7-5-06
[ILB entry] - "whether the trial court properly issued a preliminary injunction prohibiting Carmel from enforcing the Amended Ordinance"
Oral argument: Set for 1/18/07 (view)

45S04-0611-CR-477 45A04-0503-CR-164
Ronnie Drane v. State of Indiana
Appellee Granted 11-28-06
Crone, J. NFP 6-29-06 9-8-06 [reh.]

49S05-0612-CR-494 49A05-0506-CR-321
Richard Brown v. State of Indiana
Appellant And Appellee Granted 12-7-06
Crone, J. FP 6-7-06

01S02-0612-CR-495 01A02-0510-CR-976
George Reyes v. State of Indiana
Appellant Granted 12-7-06
Mathias, J. FP 9-21-06

49S05-0612-CR-496 49A05-0508-CR-435
Mark Clarke v. State of Indiana
Appellee Granted 12-7-06
Sullivan, J. FP 9-29-06

49S05-0612-CV-497 49A05-0501-CV-30
Charter One Mortgage Corp. v. Kyle Condra
Appellant Granted 12-7-06
Bailey, J. FP 5-12-06
[ILB entry] - "whether the Indiana Supreme Court’s original jurisdiction over the unauthorized practice of law, which derives from Article 7, Section 4 of the Indiana Constitution, is preempted by a regulation promulgated under the National Bank Act that permits national banks to charge incidental fees for legal services provided by non-lawyers in the preparation of real estate loan documents."
Oral argument: Held 12/07/06 (view)

20S03-0612-CR-529 20A03-0602-CR-69
Chad E. Strong v. State of Indiana
Appellant Granted 12-21-06
Crone, J. NFP 9-8-06
[no ILB entry, but here is CA opinion]
- sentencing
Oral argument: Held 12/19/06 (view)

82S01-0701-CV-2 82A01-0601-CV-13
Vanderburgh Co. Auditor, et al v. Michiana Campgrounds
Appellant Granted 1-3-07
Riley, J. FP 8-30-06
[ILB entry] - "Vanderburgh County argues that Ind. Code § 6-1.1-25-4.6(d) does not allow for tax sale purchasers to obtain a refund when the purchaser simply opts not to file a verified petition for a tax deed."
Oral argument:

78S01-0701-CR-4 78A01-0511-CR-533
Rick L. Smith v. State of Indiana
Appellant Granted 1-3-07
Hoffman, Sr. J. FP 9-20-06
[ILB entry] - Defendant claimed that he was not covered by the child seduction statute because he was neither a "child care worker" nor "employed by a school corporation" under IC 35-42-4-7
Oral argument: Held 1/3/07 (view)

29S02-0701-CR-5 29A02-0512-CR-1153
Juan J. Vasquez v. State of Indiana
Appellant Granted 1-3-07
Darden, J. NFP 10-11-06
[no ILB entry, but here is CA opinion] - witness exclusion
Oral argument:


Decided Cases from Above List

27S02-0606-CR-240 27A02-0510-CR-1003
Otis Freshwater v. State of Indiana
Appellant Granted 6-28-06
Riley, J. NFP 4-19-06
[No ILB entry - NFP]
Oral argument: None
Decided: 9/12/06
5-0 - "We reverse the judgment of the trial court."
[ILB entry] - proving intent to commit theft

06S01-0607-CR-262 06A01-0412-CR-530
Freddy J. Reynolds v. State of Indiana
Appellant Granted 7-20-06
Robertson, Sr.J. NFP 1-31-06
[No ILB entry - NFP] - During a jury trial, Reynolds attempted to impeach a witness, but the Boone Superior Court sustained the State’s objection.
Oral argument: 9/7/06 (view)
Action: 9/18/06
"Transfer was previously granted on 7-20-06. That order is now vacated and transfer is denied"

15S01-0611-CR-468 15A01-0508-CR-373
Michael Green v. State of Indiana
Appellant Granted with opinion 11-15-06
Sullivan, J. FP 7-20-06
Oral argument: None
Decided: 11/15/06
[ILB entry]"Where the court merges the lesser-included offense without imposing judgment, there is no need to remand on appeal to “vacate.”

79S05-0611-CR-451 79A05-0505-CR-258
Angela Duncan v. State of Indiana
Appellant Granted 11-9-06
Baker, J. NFP 12-16-05
[No ILB entry - NFP]
Oral argument: None
Decided: 11/21/06
4-1 - "Duncan’s sentence is revised to forty-five years. We summarily affirm the Court of Appeals as to issues not addressed in this opinion."
[ILB entry] - Blakely waiver issue

49S02-0609-CV-339 49A02-0507-CV-684
American Family Ins. Co. v. Ford Motor Company
Appellee Granted 9-26-06
Crone, J. FP 5-30-06
[ILB entry] - venue: Trial Rule 75(A)(10)
Oral argument: None
Decided: 12/5/06
[ILB entry] "We hold that the term 'principal office' as used in subsections (4) and (10) of Trial Rule 75(A) refers to a domestic or foreign corporation’s registered office in Indiana. We also hold that subsection (10) of Trial Rule 75(A) establishes preferred venue under two circumstances: (1) when none of the preceding nine subsections are applicable or (2) when 'all the defendants are nonresident individuals or nonresident organizations without a principal office in the state.'”

18S04-0608-CR-304 18A04-0507-CR-391
James F. Ruble v. State of Indiana
Appellee Granted 8-24-06
Darden, J. FP 6-14-06
[ILB entry] - Whether the trial court erred in not placing Ruble in a forensic diversion program.
Oral argument: Held 11/21/06 (view)
Decided: 1/3/07
[ILB entry] "Appellant James F. Ruble pled guilty to operating a vehicle after his driving privileges had been suspended for life, a class C felony. On appeal, he has contended that the trial court should have assigned him to serve his sentence through forensic diversion. The Court of Appeals held that the Indiana Code mandates he be assigned to diversion, and reversed. We conclude otherwise and affirm the trial court.”


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