SEPTEMBER 1999 SITTING

OF THE INDIANA SUPREME COURT

All oral arguments are conducted in the Courtroom, Room 317, State House, unless otherwise indicated.

SEPTEMBER 8

9:30 a.m. PAUL KENNER V. STATE OF INDIANA

The defendant in this case was charged with dealing and possession of marijuana. This interlocutory appeal raises questions about the admission of evidence seized after the defendant had initially been stopped for speeding. The case now comes before the Court from Marion Superior Court, and from the

Indiana Court of Appeals.  See Kenner v. State, 703 N.E.2d 1122 (Ind.App.1999).

Attorney for Kenner John F. Crawford Indianapolis, IN

                Attorney for State
                
Kimberly MacDonald
                Office of Attorney General

                    

SEPTEMBER 14

1:15 p.m.        EDWARD WILLIAMS V. STATE OF INDIANA



    
Williams was convicted of killing three people during a robbery in Lake County, and was sentenced to death. The Lake Superior Court denied him post-conviction relief from the conviction and sentence, and he appeals.

                Attorneys for Williams
                Danielle L. Gregory
                Ann M. Skinner
                Robert E. Lancaster
                Office of Public Defender

                Attorney for State
                
Rosemary L. Borek
                Office of Attorney General

SEPTEMBER 14

2:25 p.m.        LENHARDT TOOL & DIE CO., INC. V. DUANE LUMPE

    After being injured in an industrial accident, Lumpe filed this product liability lawsuit against Lenhardt Tool & Die. This appeal concerns the propriety of the trial court's denial of Lenhardt's motion for summary judgment. The case comes before the Court from the Marion Superior Court and from the Indiana Court of Appeals. See Lenhardt Tool v. Lumpe, 703 N.E.2d 1079 (Ind.App. 1998).

                Attorney for Lenhardt Tool & Die
                Robert Anderson
                Indianapolis, IN

                Attorneys for Duane Lumpe
                William L. O'Connor
                Eric D. Johnson
                Indianapolis, IN

SEPTEMBER 14

3:35 p.m.         STATE OF INDIANA V. TIMOTHY DAVID LINCK

    
    
Linck was charged with possession of marijuana. The Howard Superior Court granted Linck's motion to suppress his statements and the marijuana obtained from his

apartment because he was not first advised of his Miranda rights. This appeal addresses the propriety of the trial court's granting of the motion to suppress and dismissal. See State v. Linck, 708 N.E.2d (Ind. App. 1999).
    
                
Attorney for State
                James A. Garrad
                Office of Attorney General

                Attorney for Linck
                Mark A. Ryan
                Kokomo, IN

SEPTEMBER 16

9:30 a.m.    NICHOLE L. THOMPSON, ET AL V. JEFF OWENSBY, ET AL

    Plaintiffs allege injury by a dog that broke away from its restraining cable. Their complaint includes a count against an insurer who allegedly lost the cable. The insurer moved to dismiss, asserting that Indiana does not recognize a claim for spoliation of evidence. The Shelby Circuit Court granted the motion, but the Court of Appeals reversed and remanded. See Thompson v. Owensby, 704 N.E.2d 134 (Ind. Ct. App. 1998).

                Attorney for Thompson
                Theodore Smith
                Teresa Todd
                Anderson, IN
        
                
Attorney for Owensby
                
Philip Linnemeier
                Indianapolis, IN

SEPTEMBER 22 This argument will be held on the campus of
            Indiana University -- Kokomo.

10:00 a.m.        RONALD OMAN V. STATE OF INDIANA

    The defendant is charged with operating a vehicle with a controlled substance in his blood. This interlocutory appeal raises questions about the admission of evidence relating to drug test results. The case comes before the Court from the Laporte Superior Court and from the Indiana Court of Appeals.
See Oman v. State, 707 N.E.2d 325 (Ind. App. 1999).

                Attorney for Oman


                Donald W. Pagos
                Michigan City, IN

                Attorney for State
                James A. Garrard
                Office of Attorney General

SEPTEMBER 27    
9:30 a.m.        STEPHENSON V. STATE OF INDIANA

    Stephenson was convicted of murdering three people and was sentenced to death by the Warrick Superior Court, the Honorable Edward A. Campbell. Stephenson appeals his conviction and sentence.

                Attorney for Stephenson
                Janet S. Dowling
                Albuquerque, New Mexico
                Brent Westerfeld
                Indianapolis, IN

                Attorney for State
                Michael A. Hurst
                Office of Attorney General

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