MAY 2003 SITTING OF THE INDIANA SUPREME COURT



John Doe, et al . v. Catherine O’Connor, et al
Thursday, May 8, 2003 at 9:00 a.m.

The Indiana Supreme Court accepted immediate jurisdiction over this appeal from the Marion Superior Court because it presents a significant question of law. At issue is the legality of public distribution of certain information regarding convicted sex offenders.

                    Attorney for Doe, et al.
                    Kenneth J. Falk
                    Indiana Civil Liberties Union
                    Indianapolis, IN

                    Attorneys for Catherine O’Connor
                    Steve Carter
                    Thomas M. Fisher
                    Doug Webber
                    Indianapolis, IN

                    Attorney for James A. Herman
                    John Feighner
                    Fort Wayne, IN

John R. and Laura A. Wontorski v. Williamsburg Mobile Homes, Inc.
Thursday, May 8, 2003 at 9:45 a.m.

Buyers purchased a modular home and placed it on property in Lake County. When they defaulted, the seller filed suit in Newton County, pursuant to a forum selection clause in the sales contract. The buyers filed a motion for dismissal or transfer to Lake County. The Newton Circuit Court denied the motion, and the Court of Appeals affirmed. See Wontorski v. Williamsburg Mobile Homes, 775 N.E.2d 691 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal.

                    Attorney for Wontorski
                    David E. Wickland
                    Munster, IN.

                    Attorney for Williamsburg Mobile Homes, Inc.
                    Harry J. Falk
                    Kentland, IN.


Christopher McCorker v. State of Indiana
Wednesday, May 21, 2003 at 9:00 a.m.

Christopher McCorker was convicted in the Lake Superior Court on four counts of robbery and was found to be a habitual offender. The Court of Appeals reversed in an unpublished memorandum decision. The State has petitioned the Supreme Court to accept jurisdiction over the appeal.

                Attorney for McCorker
                Marce Gonzalez, Jr.
                Merrillville, IN
                
                Attorneys for State                                    Steve Carter
                Monika Prekopa Talbot
                Indianapolis, IN


Commonwealth Edison Co. of Ind., Inc. v. Dep’t of Local Gov’t Finance
Wednesday, May 21, 2003 at 9:45 a.m.

The Tax Court determined that the Department of Local Government Finance should have granted Commonwealth Edison Company equalization adjustments on true tax value assessments for the years at issue. The Department of Local Government Finance seeks review by the Indiana Supreme Court.

                Attorney for Commonwealth
                Daniel P. Byron
                Indianapolis, IN

                Attorney for Dep’t of Local Gov’t Finance
                Steve Carter
                Nandita G. Shepherd
                Indianapolis, IN


Family and Social Services Admin., Div. of Mental Health and Addictions v. K.G., et al
Wednesday, May 21, 2003 at 10:30 a.m.

The Marion Superior Court, Juvenile Division, issued an order that found four juveniles incompetent to stand trial in delinquency proceedings pursuant to Indiana’s adult criminal competency statute, Indiana Code § 35-36-3-1, and that committed the juveniles to the Family and Social Services Administration, Division of Mental Health and Addictions. The Court of Appeals affirmed. Family and Social Services Administration seeks transfer of jurisdiction to the Indiana Supreme Court.

                Attorneys for Family and Social Services
                Steve Carter
                Frances Barrow
                Indianapolis, IN.

                Attorney for K.G., et al.
                Katherine A. Cornelius
                Indianapolis, IN

Majors v. Abell
Thursday, May 29, 2003 at 9:00 a.m.

The U.S. Court of Appeals for the Seventh Circuit has certified a question of state law to the Indiana Supreme Court. The question is this:

Is the term “persons” in Ind. Code §§ 3-9-3-2.5(b)(1) and (d) limited to candidates, authorized political committees or subcommittees of candidates, and the agents of such committees or subcommittees, or does it have a broader scope, and, if so, how much broader?

The Supreme Court has accepted and will answer the question.


                Attorney for plaintiff-appellants
                Robbin Stewart
                Indianapolis, IN.

                Attorneys for defendant-appellees
                Frances Barrow
                Indianapolis
                Jerome Ziemer
                Evansville, IN


W. Brent Gill and Marina Gill v. Fred Pollert, et al.
Thursday, May 29, 2003 at 9:45 a.m.

Onyx Paving Company, Inc., sued the Gills and other defendants to collect for demolition work that it performed. The Gills filed a cross-claim against other defendants, but the Jackson Circuit Court concluded that the cross-claim was not timely filed, and so it granted the cross-claim defendants summary judgment on the cross-claim. The Gills were eventually found liable to Onyx following a bench trial. The Court of Appeals affirmed in an unpublished decision. The Supreme Court has granted the Gills’ petition to transfer, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the case.


            Attorneys for the Gills
                David W. Stone IV
                Anderson, IN
                Patrick W. Harrison
            Columbus, IN
    
Attorneys for Fred Pollert and Pollerts’, Inc.
Keith A. Kinney
Alan J. Irvin
Indianapolis, IN

            Attorneys for Onyx Paving Co.
                John A. Stroh
                Lisa A. Anderson
                Columbus, IN

            Attorneys for Penn-America Insurance Co.
                W. Brent Threlkeld
                Neal F. Eggeson, Jr.
                Indianapolis, IN