June 2003 SITTING OF THE INDIANA SUPREME COURT


Rodney J. McCormick v. State of Indiana
Tuesday, June 10, 2003 at 9:00 a.m.

Following a jury trial in LaPorte Circuit Court, Rodney McCormick was convicted of dealing in cocaine and was sentenced. The Court of Appeals affirmed in an unpublished memorandum decision. McCormick seeks transfer of jurisdiction to the Indiana Supreme Court. In its scheduling order, the Court expressed a particular interest in the issue relating to the exclusion of a prospective juror.

                Attorney for McCormick
                Donald W. Pagos
                Michigan City, IN.

                Attorneys for State
                Steve Carter
                Ellen H. Meilaender
                Indianapolis, IN.



LAKE COUNTY PROPERTY TAX V. WITTENBERG LUTHERAN VILLAGE
Thursday, June 12, 2003 at 9:00 a.m.

The taxpayer owns and operates a retirement community that includes residential units designed primarily for independent, active seniors with the ability to pay. The Tax Court held that the taxpayer was entitled to a charitable property tax exemption for these units. See Wittenberg Lutheran Village v. Lake Co. Property Tax Assessment Bd. of Appeals, 782 N.E.2d 483 (Ind. Tax. Ct. 2003). The State has petitioned the Supreme Court to grant review of the Tax Court’s decision.
                    Attorneys for Appellant
                    Steve Carter
                    Nandita G. Shepherd
                    Indianapolis, IN

                    Attorney for Appellee
                    Marc A. Hetzner
                    Indianapolis, IN

In re the Estate of Samuel J. Dellinger, Sr.; Robin Conrad v. First Source Bank, Personal Representative.
Thursday, June 12, 2003 at 9:45 a.m.

The St. Joseph Probate Court admitted Dellinger’s will to probate and denied a petition by Conrad contesting the will. The Court of Appeals reversed and instructed the trial court to grant Conrad’s petition. Estate of Dellinger v. 1st Source Bank, 771 N.E.2d 1271 (Ind. Ct. App. 2002), on reh’g 781 N.E. 2d 1186 (Ind. Ct. App. 2003), on sua sponte reh’g 787 N.E.2d 986 (Ind. Ct. App. 2003), vacated. It held that the will was not properly executed where the only part of the will signed by the witnesses was a purported “self-proving” clause. The Supreme Court has granted transfer, vacating the Court of Appeals’ opinions, and has assumed jurisdiction over the case.

            Attorneys for Conrad
            James R. Byron
            Jacob S. Frost
            Elkhart, IN

Attorneys for First Source Bank
            Michael Rosiello
            Peter J. Rusthoven
            John R. Maley
            Deborah Pollack-Milgate
            Indianapolis, IN
            Andrew P. Heck
            Greta Roemer Lewis
            South Bend
            

Pat and Kim Coslett, et al. v. County of Vanderburgh and Weddle Bros. Const.
Tuesday, June 17, 2003 at 10:00 .am.

The Vanderburgh Circuit Court entered default judgments against Weddle Brothers and in favor of the Cosletts and the County of Vanderburgh. On the Weddle Brothers’ motion, the Circuit Court later set aside the default judgments under Trial Rule 60(B)(1), finding the Weddle Brothers had shown excusable neglect for failing to respond timely. The Court of Appeals reversed in an unpublished memorandum decision. The Supreme Court has granted transfer, vacating the Court of Appeals opinion, and has assumed jurisdiction over the appeal.


Attorneys for the Cosletts and Pat Coslett’s Furniture Festival
Charles L. Berger
Jennifer L. Ulrich
            Evansville, IN.

Attorney for County of Vanderburgh
Robert R. Faulkner
Evansville, IN.

Attorneys for Weddle Brothers
R. Thomas Bodkin
Pamela J. Hensler
Evansville, IN.

Rita Thompson v. State of Indiana
Wednesday, June 25, 2003 at 9:00 a.m.

Rita Thompson was convicted of residential entry, a class D felony, in the Marion Superior Court. The Court of Appeals reversed the conviction. Thompson v. State, 782 N.E.2d 451 (2003). The Supreme Court has granted transfer of jurisdiction, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

            Attorney for Thompson
            Timothy J. O’Connor
            Indianapolis, IN.

            Attorney for State
            Steve Carter
            Cynthia L. Ploughe
            Indianapolis, IN.