JUNE 2005 SITTING
OF THE INDIANA SUPREME COURT


Tuesday, June 14, 2005

9:00 a.m.     Ronald Howard v. State

Appellant was convicted in the Hamilton Superior Court of child molesting, a Class A felony. His conviction was upheld on appeal. Howard v. State, 816 N.E.2d 948 (Ind. Ct. App. 2004). Appellant has petitioned the Indiana Supreme Court to accept jurisdiction over the appeal, claiming that the trial court’s decision to admit pre-trial deposition testimony of the victim violated his rights under Sixth Amendment to the United States Constitution as articulated in Crawford v. Washington, 541 U.S. 36 (2004).

Attorney for Petitioner/Appellant              Attorney for Respondent/Appellee
John F. Crawford                    Justin Roebel
Crawford & DeVane                    Deputy Attorney General
Indianapolis, IN                     Indianapolis, IN


Tuesday, June 14, 2005

9:45 a.m.      Pamela Fackler v. Melvin Powell

In a dispute between former spouses about the meaning of an agreed property division incorporated into a final divorce decree, the Allen Superior Court determined the agreement was ambiguous. The Indiana Court of Appeals reversed, finding the decree was unambiguous and holding the complaint did not need to be filed in the court that had entered the divorce decree. Fackler v. Powell, 816 N.E.2d 476 (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 Appellees                  Attorney for Appellant
Kendra Gowdy Gjerdingen                Perry Shilts
Bloomington, IN                    Fort Wayne, IN

Tuesday, June 14, 2005

10:30 a.m.     NIPSCO v. Bloom

The Allen Superior Court entered an order on various pretrial motions requiring that NIPSCO, as a self-insurer under Indiana’s Financial Responsibility Act, to provide a defense for and indemnify the estate in a lawsuit where the estate was being sued for personal injuries and property damage. The Indiana Court of Appeals affirmed that ruling. NIPSCO v. Bloom, 816 N.E.2d 887 (Ind. Ct. App. 2004), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.

Attorneys for NIPSCO                  Attorneys for Bloom
Paul A. Rake                        Dane L. Tubergen
John M. McCrum                     James J. Shea, Sr.
Robert J. Feldt                        Daniel J. Palmer
Hammond, IN                        Fort Wayne, IN

Attorneys for Minniefield
Sherrill Wm. Colvin
George Sistevaris
Fort Wayne, IN


Wednesday, June 15, 2005

1:00 p.m.      Curtis Cooper v. State of Indiana

Curtis Cooper was convicted of murder, auto theft, and carrying a handgun without a license in Marion Superior Court Criminal Division, the Honorable Robert Altice, presiding. A jury sentenced Cooper to life imprisonment without the possibility of parole. Cooper appeals his convictions and sentence to the Indiana Supreme Court pursuant to Indiana Appellate Rule 4(1)(A), arguing the prosecutor in his case engaged in prosecutorial misconduct.

Attorney for Appellant                      Attorney for Appellee
Ellen M. O'Connor                        Robyn Williamson
Indianapolis, IN                        Indianapolis, IN





June 15, 2005

1:45 p.m.      Jeffrey Patrick, et al. v. Richard Miresso

While driving his police vehicle in pursuit of a suspect, officer Jeffrey Patrick was involved in an automobile accident with Richard Miresso. Miresso filed a complaint against Patrick, the City of Gary, and the Gary Police Department. The Lake Superior Court denied the defendants’ motion for summary judgment. On interlocutory appeal, the Indiana Court of Appeals affirmed. Patrick v. Miresso, 821 N.E.2d 856 (Ind. Ct. App. 2005), vacated. The Indiana Supreme Court has granted a petition to transfer the case, thereby vacating the Court of Appeals’ opinion, and has assumed jurisdiction over the appeal.

Attorney for Appellants
Stephen Bower
Merriville, IN

Attorney for Appellee
Steven W. Etzler
Highland, IN



Tuesday, June 21, 2005

9:00 a.m.     Kenna Ryle v. State of Indiana

Appellant, Kenna Ryle, was convicted of voluntary manslaughter as a Class A felony. The trial court sentenced Appellant to an enhanced term of 45 years based on two aggravating circumstances, namely: (1) a criminal history that included, among others, multiple juvenile adjudications; and (2) that Appellant was on probation at the time of the offense. The Indiana Court of Appeals affirmed. Ryle v. State, 819 N.E.2d 119 (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. The presentations of the parties shall address whether, under Blakely v. Washington, 124 S. Ct. 2531 (2004), and Smylie v. State, 823 N.E.2d 679 (Ind. 2005), either or both of these aggravating circumstances must be found by a jury before the trial court can use them to enhance Appellant’s sentence beyond the presumptive 30 year term.

Attorneys for Appellant
Ellen M. O’Connor
Indianapolis, IN
Attorney for Appellee
Ellen H. Meilaender
Indianapolis, IN






Tuesday, June 21, 2005

9:45 a.m.     Wayne Cty. Property Tax Assessment Bd. of Appeals v. United Ancient Order of Druids - Grove #29

Pursuant to Rules 14(B)(2) and 63(F) of the Indiana Rules of Appellate Procedure, the Wayne County Property Tax Assessment Board of Appeals (“PTABOA”) petitioned the Indiana Supreme Court to review a discretionary interlocutory appeal. PTABOA’s Appellant’s Case Summary states the “anticipated issue[] on appeal” as being “[w]hether a petitioner’s failure to file the administrative record under Ind. Code §§ 4-21.5-5-13 (as incorporated by Ind. Code § 6-1.1-15-5) deprives the Tax Court of subject matter jurisdiction over the petitioner’s appeal?”

Attorneys for PTABOA                  Attorney for United Ancient Order of
Charles Todd                         Druids –Grove #29
Cambridge City, IN                    Stephen Rabe
                            Richmond, IN
John D. Snethen
Andrew W. Swaim                     Attorney for Tax Consultants, Inc.
Amber St. Amour                     (Amicus Curiae)
Indianapolis, IN                    Timothy Vrana
                            Columbus, IN
                            
Attorneys For Tax Section of Indiana State
Bar Assoc. (Amicus Curiae)     
Larry Stroble                
Randal Kaltenmark
Indianapolis, IN

June 21, 2005

10:30 a.m.     Clinic For Women, Inc., et al. v. Carl Brizzi

Challenging aspects of Indiana’s informed consent law for women seeking abortions as a violation of the Indiana Constitution, the clinics filed a complaint seeks injunctive and declaratory relief. The Marion Superior Court dismissed the complaint for failure to state a claim on which relief could be granted. The Indiana Court of Appeals reversed and remanded after concluding that the complaint stated a cause of action. Clinic for Women, Inc. v. Carl Brizzi, 814 N.E.2d 1042 (Ind. Ct. App. 2004), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.

Attorneys for State of Indiana
Steve Carter, Attorney General of Indiana
Thomas M. Fisher
Ellen H. Meilaender
Indianapolis, IN

Attorneys for Clinic for Women, et al.
Kenneth J. Falk
Indianapolis, IN
Simon Heller
Janet L. Crepps
New York, NY

Attorneys for Members of the Indiana Gen. Assembly (Amici Curiae)
Eric Allan Koch
Bloomington, IN

Paul Benjamin Linton
Northbrook, IL

Attorney for Indiana Catholic Conference (Amicus Curiae)
William J. Wood
Indianapolis, IN