JUNE 2005 SITTING
OF THE INDIANA SUPREME COURT
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 courts 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).
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 Indianas 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
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.
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.
Attorneys for Clinic for Women, et al.
Kenneth J. Falk
Janet L. Crepps
New York, NY
Paul Benjamin Linton
Attorney for Indiana Catholic Conference (Amicus Curiae)
William J. Wood