APRIL 2003 SITTING OF THE SUPREME COURT


Chad E. Vicory v. State of Indiana
Wednesday April 9, 2003 at 9:00 a.m.

The Marion Superior Court revoked Vicory’s probation, and he appealed. The Court of Appeals affirmed. Vicory v. State, 781 N.E.2d 766 (Ind. Ct. App. 2003). Vicory seeks transfer of jurisdiction to the Indiana Supreme Court.

Attorney for Appellant
                Kurt A. Young
                Nashville, IN
                
                 Attorney for Appellee
                Zachary J. Stock
Indianapolis, IN

Michael Moler v. State of Indiana
Thursday, April 9, 2003 at 9:45 a.m.

Michael L. Moler was convicted of murder in the Jefferson Circuit Court. The Court of Appeals affirmed. Moler v. State, 782 N.E.2d 454 (Ind. Ct. App. 2003). Moler seeks transfer of jurisdiction to the Indiana Supreme Court.

            Attorney for Moler
            Mary Stotts
            309 Jefferson Street
            Madison, IN 47250

             Attorney for State
            Steve Carter
            Michael Gene Worden
            Indianapolis, IN 46204

Richard Annes v. State of Indiana
Thursday, April 17, 2003 at 9:00 a.m.

Annes pled guilty to a drug-possession offense and was sentenced in 1972. Years later, Annes filed a successive petition for post-conviction relief arguing that his guilty plea was involuntary. The Marion Superior Court denied relief. The Court of Appeals reversed. See Annes v. State, 783 N.E.2d 264 (Ind. Ct. App. 2002). The Supreme Court has granted the State’s petition to transfer, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                 Attorney for Appellant
                John Pinnow
            Greenwood, IN
            
                 Attorney for Appellee
                Christopher Lafuse
Indianapolis, IN

Thomas and L. Jae Breitweiser v. Indiana Office of Environmental Adjuctication
Thursday, April 17, 2003 at 9:45 a.m.

The Breitweisers asked the Office of Environmental Adjudication to review a decision of the Department of Environmental Management granting their neighbor, Ferguson, a permit to conduct a confined animal feeding operation. They also asked the Environmental Law Judge (ELJ) to disqualify himself. The ELJ refused to disqualify himself and found the Breitweisers in default for failing to respond promptly to a proposed order of default. The Breitweisers petitioned for judicial review, but the Marion Superior Court dismissed the petition after concluding that the Breitweisers’ default precluded judicial review. The Court of Appeals reversed. 775 N.E.2d 1175 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the Court of Appeals’ opinion, and has assumed jurisdiction over the appeal.

            Attorney for the Breitweisers:
                E. Scott Treadway
                Indianapolis, IN

Attorney for the Indiana Office of Environmental Adjudication and Chief Environmental Law Judge Wayne
E. Penrod:
            David Steiner
                Indianapolis, IN
        
                 Attorneys for Ferguson:
                George T. Patton, Jr.
            Daniel P. McInerny
                Melinda R. Shapiro
                Indianapolis, IN