MAY 2005 SITTING
OF THE INDIANA SUPREME COURT


Thursday, May 5, 2005

9:00 a.m.     Dirk Morris v. Economy Fire and Casualty Co.

The Marion Superior Court entered summary judgment for Economy Fire and Casualty Company on its complaint for declaratory judgment alleging the Morrises breached the policy. The Court of Appeals reversed and remanded, concluding genuine issues of material fact remain regarding whether the Morrises breached the policy’s cooperation clause. Morris v. Economy Fire & Cas. Co., 815 N.E.2d 129 (Ind. Ct. App. 2004). The Supreme Court has granted a petition to transfer the case, thereby vacating the Court of Appeals opinion, and has assumed jurisdiction over the appeal.

Attorneys for Appellants                     Attorney for Appellees
Morris Klapper                        Alan Bouwkamp
G. R. Parish                            Indianapolis, IN
Indianapolis, IN


Thursday, May 5, 2005

9:45 a.m.     DePuy, Inc. v. Anthony Farmer

The Worker’s Compensation Board ruled that Farmer’s settlement of his battery claim against a co-worker did not preclude Farmer from seeking worker’s compensation benefits from his employer, DePuy, and the Board later awarded him benefits. The Court of Appeals reversed and held the injury Farmer suffered during that battery did not arise out of his employment. DePuy, Inc. v. Farmer, 815 N.E.2d 558 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted transfer and assumed jurisdiction over the case.

Attorneys for DePuy, Inc.                 Attorney for Anthony Farmer
James Buchholz                    David Kolbe
Larry Barnard                        Warsaw, IN
Fort Wayne, IN


Thursday, May 12, 2005

9:00 a.m.     State v. Charlie Jones

On July 7, 1999, the Appellee, Charlie Jones, pled guilty to attempted robbery, class B felony robbery, class C felony robbery, and to being an habitual offender, the latter predicated on prior robbery convictions in 1991 and 1996. On March 24, 2003, a post-conviction court vacated Jones’s 1991 robbery conviction. Thereafter, the post-conviction court vacated his July 1999 habitual offender sentencing enhancement due to the vacation of his 1991 robbery conviction. The Court of Appeals affirmed. State v. Jones, 819 N.E.2d 877 (Ind. Ct. App. 2004). The State of Indiana has petitioned the Indiana Supreme Court to accept jurisdiction over the appeal.

Attorney for State                  Attorney for Charlie Jones
Cynthia Ploughe                Lloyd Sally
Indianapolis, IN                Indianapolis, IN


Thursday, May 12, 2005

9:45 a.m.     Charles Gregory Hall v. State of Indiana

The Appellant, Charles Gregory Hall, pled guilty in 1983 to Burglary as a Class C felony. In May 2003, Hall filed an amended petition for post-conviction relief claiming his he had not made his guilty plea knowingly, intelligently, and voluntarily because he was not advised of certain rights required by Boykin v. Alabama, 395 U.S. 238 (1969). The trial court denied the petition. The Court of Appeals reversed. Hall v. State, 819 N.E.2d 102 (Ind. Ct. App. 2004), vacated. The Indiana 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
Monika Prekipa Talbot
Indianapolis, IN                    
Attorney for Hall
Lorinda Meier Youngcourt
Huron, IN




Thursday, May 26, 2005

9:00 a.m.     Trail v. Boys & Girls Club of N.W. Ind.

Plaintiff sued his former employer and several individuals on several legal theories. The Lake Circuit Court dismissed the complaint for failure to state a claim. The Court of Appeals reversed in part and reinstated plaintiff's claim for defamation and his claim against four individuals for tortious interference with a contractual relationship. See Trail v. Boys & Girls Club of N.W. Ind., 811 N.E.2d 830 (Ind. Ct. App. 2004), 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 Appellant                  Attorneys for Appellees
        Nathaniel Ruff                        Paul Peralta
        Merrillville, IN                     D. Lucetta Pope
                                    South Bend, IN



Thursday May 26, 2005

9:45 a.m.     State Farm Mut. Auto. Ins. Co. v. Ruth Estep

In conjunction with a proceeding supplemental instituted by Estep, the Bartholomew Circuit Court denied State Farm’s motions to intervene and to set aside an earlier order requiring the judgment debtor, one of State Farm’s insureds, to assign to Estep rights he may have to bring a claim against State Farm. The Court of Appeals affirmed in part, reversed in part and remanded. State Farm Mut. Automobile Ins. Co. v. Ruth Estep, 818 N.E.2d 114 (Ind. Ct. App. 2004). Estep has petitioned the Supreme Court to accept jurisdiction over this appeal.

         Attorneys for State Farm                  Attorneys for Ruth Estep
        Karl Mulvaney                    Peter Campbell King
        Dennis Cantrell                    J. Kevin King
        Nana Quay-Smith                    Columbus, IN
        Candace Sage    
        Indianapolis, IN