SEPTEMBER 2003 SITTING

OF THE INDIANA SUPREME COURT



Thursday, September 18, 2003

9:00 a.m.     William Allen v. State of Indiana

William Allen was convicted and sentenced in the Marion Superior Court on counts of dealing cocaine, dealing marijuana, and possession of cocaine and a firearm. The Court of Appeals affirmed. Allen v. State, 787 N. E.2d 473 (Ind. Ct. App. 2003). Allen seeks transfer of jurisdiction to the Supreme Court.

                Attorney for Allen
                Kimberly A. Jackson
                Indianapolis, IN

                Attorney for State
                Steve Carter
                Richard C. Webster
                Indianapolis, IN
        


Thursday, September 18, 2003

9:45 a.m.     Worman Enterprises, Inc. v. Boone County Solid Waste Mgmt. Dist.

The Boone County Solid Waste Management District issued Worman Enterprises a permit to operate a clean fill processing and recycling facility. Worman Enterprises filed a complaint for declaratory judgment related to the permit. The Boone Superior Court granted the Waste Management District summary judgment. The Court of Appeals reversed. Worman Enterprises, Inc. v. Boone County Solid Waste Mgmt. Dist., 779 N.E.2d 565 (Ind. Ct. App. 2002), clarified on reh’g, 783 N.E.2d 353 (Ind. Ct. App. 2003). The Waste Management District petitioned to transfer jurisdiction. The Supreme Court granted transfer, thereby vacating the Court of Appeals opinions, and has assumed jurisdiction over the appeal.


Attorneys for Worman Enterprises, Inc.
Mark R. Waterfill
Cynthia M. Kirk
Indianapolis, IN

Attorneys for Boone Cty Solid Waste Management
Larry J. Kane
Katherine L. Shelby
Indianapolis, IN

Thursday, September 18, 2003

10:30 a.m.     Jeffrey Dean Washington v. State of Indiana

Jeffrey Dean Washington appeals his conviction of murder and sentence to life imprisonment without parole, entered by the Posey Superior Court.


                Attorney for Washington
                William W. Gooden
                Mt. Vernon, IN

                Attorney for Indiana
                Steve Carter
                Ellen H. Meilaender                
                Indianapolis, IN


Thursday, September 25, 2003

9:00 a.m.     Indiana Dept. of Ins. v. Vernon General Insurance

The Indiana Department of Insurance filed a Statement of Charges with the Commissioner of Insurance, alleging that Vernon Insurance Company had violated laws governing credit insurance. Vernon Insurance Company filed a petition for relief in the Marion Circuit Court. The court granted Vernon Insurance Company relief in an order stating generally that the special charter conveyed to Vernon in 1851 and a declaratory judgment entered in 1942 remain in full force and effect, and that the Department is enjoined from regulating Vernon in violation of its rights as a special charter insurance company. The Court of Appeals affirmed. Indiana Dep’t of Ins. v. Vernon Gen. Ins. Co., 784 N.E.2d 556 (Ind. Ct. App. 2003). The Department of Insurance seeks transfer of jurisdiction to the Indiana Supreme Court.

Attorney for Department of Insurance
Steve Carter
David L. Steiner
Indianapolis, IN

Attorneys for Vernon General Insurance Company
Kathleen I. Lee
George T. Patton, Jr.
Robert B. Clemens
                Indianapolis, IN

Thursday, September 25, 2003

9:45 a.m.     Anthony Graves v. State of Indiana

Anthony Graves was denied post-conviction relief following his plea of guilty to a burglary charge in the Marion Superior Court. The Court of Appeals reversed. Graves v. State, 784 N.E.2d 959 (Ind. Ct. App. 2003). The Supreme Court has granted a petition to transfer, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

            Attorneys for Graves
            Eric K. Koselke
            Indianapolis, IN

Attorneys for State
            Steve Carter
            Christopher Lafuse
            Indianapolis, IN
            

Thursday, September 25, 2003

10:30 a.m.     Debra S. Winters v. Dennis and Angella Talley

In granting an adoption, the Crawford Circuit Court ruled that the mother’s consent wasn’t necessary pursuant to Indiana Code section 31-19-9-8(a). The Court of Appeals reversed. The Supreme Court granted transfer, thus vacating the decision in Winters v. Talley, 784 N.E.2d 1045 (Ind. Ct. App. 2003), and has assumed jurisdiction over the appeal.

                    Attorney for Winters
                    Susan E. Schultz
                    Corydon, IN

                    Attorney for Talley
                    Jennifer A. Tucker
                    Paoli, IN