APRIL 2004 SITTING
OF THE INDIANA SUPREME COURT


Thursday, April 8, 2004

9:00 a.m.     Indiana Department of State Revenue v. Trump Indiana, Inc.

The Indiana Department of State Revenue denied Trump Indiana’s request for certain tax exemptions and its request for a refund of use tax that it paid on a riverboat located at Buffington Harbor on Lake Michigan. The Tax Court affirmed the denial of certain exemptions but reversed the assessment of use tax on the riverboat and remanded to the Department for a determination of the refund. Trump Indiana v. Dep’t of State Revenue, 790 N.E.2d 192 (Ind. Tax 2003). The Supreme Court has granted a petition for review and has assumed jurisdiction over the appeal.


        Attorneys for Trump Indiana
            Jeffrey S. Dible
            Michael T. Bindner
        Indianapolis, IN

            Attorneys for Indiana Department of State Revenue
Steve Carter
Joby Jerrells
Indianapolis, IN
            
Attorneys for Amicus Curiae (RDI/Caesars Riverboat Casino, LLC)
        Stephen H. Paul
        Brent A. Auberry
            Indianapolis, IN
                    



Thursday, April 8, 2004

9: 45 a.m.     L. Thomas and Norma Sue Booth v. Robert G. Wiley, M.D., et al.

The plaintiff alleges medical malpractice in connection with several eye surgeries. The Allen Superior Court granted the defendants’ motions for summary judgment based on the statute of limitations. The Court of Appeals reversed and remanded, holding that the cause of action was not discoverable until two months before the statutory limitation period ended and that the complaint was timely filed. See Booth v. Wiley, 793 N.E.2d 1104 (Ind. Ct. App. 2003), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                Attorneys for L. Thomas and Norma Sue Booth
                James Fenton
                Alan VerPlanck
Fort Wayne, IN
                
                Attorney for Dr. Ronald Norlund and Midwest Eye Consultants, P.C.
                John Johnston
                Wabash, IN

                Attorneys for Robert G. Wiley, M.D.
                Dane Tubergen
                Kathleen Kilar
                Fort Wayne, IN


Tuesday, April 13, 2004- in Fort Wayne

1:45 p.m.      George Pabey v. Robert A. Pastrick, Lonnie Randolph, A. Santos, and the Lake County Election Board.

The Lake Superior Court entered a judgment rejecting Pabey’s challenge to a primary election in which Pastrick was nominated as a party’s candidate for Mayor of East Chicago. The Court of Appeals dismissed Pabey’s appeal in an unpublished order. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.

            Attorneys for Pabey
        Bruce A. Kotzan
            Indianapolis, IN
            Nathaniel Ruff
        Merrillville, IN
            Carmen Fernandez
            Hammond, IN    

        Attorneys for Pastrick
George T. Patton
Bryan H. Babb
Theresa M. Ringle
Indianapolis, IN
Terrance L. Smith
Highland, IN        
            
Attorney for Lake County Election Board
James Wieser
Schererville, IN




Thursday, April 22, 2004

9:00 a.m.      Lydia Escobedo, et al. v. BHM Health Associates, Inc., et al.

The Lake Superior Court entered a judgment in favor of Escobedo, et al., on their wage claims against one defendant, BHM, but not others. The Court of Appeals affirmed in part and reversed in part. Escobedo v. BHM Health Associates, Inc., 798 N.E.2d 220 (Ind. Ct. App. 2003), vacated. The Supreme Court has granted petitions to transfer, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.


            Attorneys for Lydia Escobedo, et al.
        Nathaniel Ruff
            Merrillville, IN

        Attorney for Donna Huddleston
James A. Greco
Merrillville, IN     
            
Attorney for Leona Bonczek
James L. Clement, Jr.
Merrillville, IN

        Attorney for AAA Home Care, LLC
            Phillip A. Norman
        Valparaiso, IN




Tuesday, April 27, 2004
9:00 a.m.     Lawrence & Judy Gunkel v. Renovations, Inc., et al.

The Steuben Circuit Court entered summary judgment for one defendant-contractor, J & N Stone, Inc., on a tort claim filed by homeowner for property allegedly damaged by the contractor. The Court of Appeals affirmed in Gunkel v. Renovations, Inc., 797 N.E.2d 841 (Ind. Ct. App. 2003), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                    Attorneys for Gunkel
                    David W. Stone, IV
                    Anderson, IN.

                    Christopher Wheeler
                    Angola, IN.

                    Attorneys for Renovations
                    Glenn L. Duncan
                    Jacob S. Frost
                    Elkhart, IN.




Tuesday, April 27, 2004
9:45 a.m.     State of Indiana v. Robert J. Pelley

The St. Joseph Superior Court quashed a subpoena that requested certain counseling records prepared by a social worker during 1988 and 1989. The Court of Appeals affirmed in State v. Robert Jeffrey Pelley, 71A03-0305-CR-163, 2003 WL 22976337 (Ind.App. 2003), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                    Attorney for State
                    Jodi Kathryn Stein
                    Indianapolis, IN.

                    Attorneys for Pelley
                    George E. Horn, Jr.
                    Jesse M. Barrett
                    South Bend, IN.
                


Tuesday. April 27, 2004
10:30 a.m.     Sarah Sellmer v. State of Indiana

The Hamilton Superior Court denied defendant’s motion to suppress statements she made to police and evidence obtained during a search of her vehicle, and she was later convicted of possession of marijuana. The Court of Appeals affirmed the conviction in Sellmer v. State, No. 29A04-0303-CR-147, 2003 WL 22999278 (Ind.App. Dec. 23, 2003). Sellmer has petitioned the Supreme Court to accept jurisdiction over the appeal.

                    Attorney for Sellmer
                    Stephen Gerald Gray
                    Indianapolis, IN.

                    Attorney for State
                    Christopher L. Lafuse
                    Indianapolis, IN.