OCTOBER 2004 SITTING

OF THE INDIANA SUPREME COURT


Thursday, October 7, 2004

9:00 a.m.     Patrick and Susan Litchfield v. State

The Marshall Superior Court denied appellants' motion to suppress evidence obtained through a warrantless search of appellants' trash. The Court of Appeals affirmed in an interlocutory appeal. Litchfield v. State, 808 N.E.2d 713 (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.

                    Attorneys for the Appellant
                    Tom Black
                    June Bules
                    Plymouth, IN

                     Attorney for Appellee
                    Michael Gene Worden
                    Indianapolis, IN





Thursday, October 7, 2004

9:45 a.m.     Michael Dicen v. New Sesco, Inc.

The Morgan Superior Court preliminarily enjoined the defendant from violating a non-competition covenant. The Court of Appeals affirmed in part and reversed in part, holding, among other things, that a contract provision stating that a court may modify the covenant if unreasonable authorized the court to go beyond the “blue penciling” doctrine in modifying the covenant. Dicen v. New Sesco, Inc., 806 N.E.2d 833 (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 Dicen
                            Terrence Sorg
                            Indianapolis, IN

                             Attorney for New Sesco, Inc.
                            Thomas Blackwell
                            Indianapolis, IN

Tuesday, October 19, 2004

9:00 a.m.     Coca-Cola v. Babyback's Int'l, Inc.

The Marion Superior Court denied a defendant’s motion for summary judgment on a breach of contract claim. The Court of Appeals affirmed, holding that a fax satisfied the Statute of Frauds. Coca-Cola Co. v. Babyback’s Int’l, Inc., 806 N.E.2d 37 (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.

                     Attorneys for Coca Cola Enterprises
                    Carol Drake
                    Kent Frandsen
                    Lebanon, IN

                     Attorneys for Baby Back's
                    Richard Dick
                    Marvin Mitchell
                    Stephen Kenley
                    Indianapolis, IN


Tuesday, October 19, 2004

9:45 a.m. Federated Rural Electric v. Nat'l Farmers

In a case involving two insurance companies who had issued insurance policies to the same electric company, the Marion Superior Court denied the motion for summary judgment filed by Federated Rural Electric Insurance Exchange and the request for summary judgment made by National Farmers Union Property and Casualty Company. The Court of Appeals affirmed. Federated Rural Elec. Ins. Exch. v. Nat’l Farmers Union Prop. and Cas. Co., 805 N.E.2d 456 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the Court of Appeals opinion, and has assumed jurisdiction over the appeal.

                         Attorneys for Appellant
                        Brent Huber
                        Fred Biesecker
Indianapolis, IN

Attorney for Appellee
Laura Reed
Indianapolis, IN

Attorneys for Amici Curiae Indiana Manufacuterers Assoc. and Indiana Petroleum Marketers
George Plews
                        Frederick Emhardt
                        John Ketcham
                        Indianapolis, IN

Attorneys for Amicus Curiae, Complex Ins. Claims
Steven Badger    
Alison Chestovich
Indianapolis, IN

Laura Foggan
John Yang
Washington, DC

Attorneys for Amici Curiae, The Insurance Institute of Indiana and Property Casualty Insurers Ass'n
Karl Mulvaney
Martha Hollingsworth
Katherine Shelby
Indianapolis, IN
Tuesday, October 19, 2004

10:30 a.m.     Kimberly S. Ham v. State

At appellant’s trial on a charge of operating a vehicle while intoxicated, the Rush Superior Court instructed the jury that a defendant’s refusal to submit to a chemical test may be considered as evidence of intoxication. In this appeal from appellant’s conviction, the Court of Appeals held that the instruction was error, but that the error was harmless. Ham v. State, 810 N.E.2d 1150 (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 Appellant
                        Brady Lory
                        Indianapolis, IN

                         Attorney for Appellee
                        Richard Webster
                        Indianapolis, IN