SEPTEMBER 2004 SITTING

OF THE INDIANA SUPREME COURT


Thursday, September 9, 2004

9:00 a.m. John Thomas Sees V. Bank One, Indiana, N.A.

The Huntington Circuit Court granted a bank’s motion for summary judgment against an alleged guarantor. The Court of Appeals affirmed, holding that the guarantor’s affirmative defenses were barred by the Indiana Lender Liability Act. See Sees v. Bank One, Indiana, N.A., 804 N.E.2d 227 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over this appeal.

                    Attorney for Sees
                    John Thomas Sees
                    Huntington, IN

                    Attorney for Bank One
                    Martin E. Seifert
                    Lori W. Jansen
                    Fort Wayne, IN 46802


Thursday, September 9, 2004

9:45 a.m.     Michael Johnson v. State of Indiana

Appellant’s petition for post-conviction relief alleged that he had been denied effectie assistance of trial counsel. The Marion Superior Court denied appellant’s petition. The Court of Appeals affirmed in Michael Johnson v. State, No. 49G01-9703-PC-42739 (Ind. Jan. 16, 2004) (unpublished memorandum decision), trans. pending. Appellant has petitioned the Supreme Court to accept jurisdiction over the appeal.

                Attorney for Johnson
                John R. Maley
                Indianapolis, IN

                Attorney for State
                Christopher L. Lafuse
                Indianapolis, IN



Thursday, September 16, 2004

9:00 a.m. Hyundai Motor America, Inc. v. Sandra Goodin

The Vanderburgh Superior Court instructed the jury on implied warranties. The jury returned a verdict for Goodin and against Hyundai Motor America, and the court entered a judgment in Goodin’s favor. The Court of Appeals reversed. Hyundai Motor America, Inc. v. Goodin, 804 N.E.2d 775 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted Goodin’s petition to transfer the case, thus vacating the Court of Appeals opinion, and has assumed jurisdiction over the appeal.

                    Attorney for Hyundai
                    Julia Blackwell Gelinas
                    Robert B. Thornburg
                    Indianapolis, IN.

                    Attorneys for Goodin
                    Scott M. Cohen
                    John D. Barker
                    Chicago, IL.



Thursday, September 16, 2004

9:45 a.m. Brenna Guy v. State of Indiana


The Marion Superior Court denied appellant’s motion to suppress the results of a breath test, which test was taken while appellant has a metal stud in her tongue. The Court of Appeals reversed in this interlocutory appeal. See Guy v. State, 805 N.E.2d 835 (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 Guy
                    Robert W. Hammerle
                    Joseph M Cleary
                    Indianapolis, IN

                    Attorney for State
                    Justin F. Roebel
                    Indianapolis, IN