NOVEMBER 2002 SITTING OF THE SUPREME COURT





Peter Dvorak, et al., v. City of Bloomington
Thursday, November 7, 2002 at 9:00 a.m.

The City sued a landlord and tenants for violating a municipal zoning ordinance that limits to three the number of unrelated adults who may live together in areas zoned for single-family residences. The Monroe Circuit Court concluded that the ordinance was constitutional and enforced it. However, the Court of Appeals reversed after concluding that the ordinance violates the Indiana Constitution’s Equal Privileges and Immunities Clause. Dvorak v. City of Bloomington, 768 N.E.2d 490 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the Court of Appeals’ opinion, and has assumed jurisdiction over this appeal.


                Attorneys for Dvorak, et al.
                Michael L. Carmin
            Bloomington, Indiana
                Julia Blackwell Gelinas
                Nelson D. Alexander
            Indianapolis, IN.

                Attorneys for City of Bloomington
                Linda Runkle
                Patricia S. Bernens
            R. Michael Flory
                Bloomington, IN.

                

Sharon Baker v. Marion Co. Office of Family & Children
Thursday, November 7, 2002 at 9:45 a.m.

The Marion Superior Court terminated appellant’s parental rights after a hearing at which both parents were represented by the same attorney. The Court of Appeals affirmed the termination, and decided, among other things, that claims relating to conflicts of interest arising from joint representation are to be resolved in the same manner as claims of ineffective assistance of counsel in criminal proceedings. The Supreme Court granted the petition to transfer, thus vacating the opinion reported at Baker v. Marion Co. Off. of Fam. & Child., 768 N.E.2d 1008 (Ind. Ct. App. 2002), and has assumed jurisdiction over the appeal.

                Attorney for Baker
                Katherine A. Cornelius
                Deputy Appellate Public Defender
                Indianapolis, IN.

Attorney for Marion County Office of
Family & Child
DeDe Connor
Indianapolis, IN.

Attorney for Child Advocates, Inc.
Loretta A. Oleksy
Indianapolis, IN.

Steven Lae v. Shane Householder and Emily Householder
Thursday, November 7, 2002 at 10:30 a.m.

In reversing a judgment for the tenant awarded by the Allen Superior Court in a small claims case, the Court of Appeals decided that for a tenant to be eligible for certain protections in the “Security Deposit Statute,” I.C. §§ 32-7-5-12 & 14, the tenant must supply a forwarding address to the landlord within forty-five days after the lease ends. The Supreme Court granted transfer, thus vacating the decision at Lae v. Householder, 767 N.E.2d 1044 (Ind. Ct. App. 2002), and has assumed jurisdiction over the appeal.
                        Attorney for Lae
                        Jeffrey G. Raff
                        Fort Wayne, IN.

                        Attorney for Householder
                        Karen T. Moses
                        Fort Wayne, IN.
Benny Saylor v. State
Thursday, November 21, 2002 at 9:00 a.m.

The denial of post-conviction relief from appellant’s Madison County murder conviction and death sentence was affirmed in Saylor v. State, 765 N.E.2d 535 (Ind. 2002). While appellant’s petition for rehearing was pending, the United States Supreme Court decided Ring v. Arizona, 122 S.Ct. 2248 (2002). This argument will focus on the application of Ring.

                Attorney for Saylor
                Susan Carpenter
                Thomas Hinesley
                Emily Mills Hawk
                Indianapolis, IN.

                Attorney for State
                Steve Carter
                Stephen R. Creason
                Thomas Perkins
                Indianapolis, IN.

JOHN O. SMITH and RUFUS SMITH v. MARK J. BAXTER
Thursday, November 21, 2002 at 10:05 a.m.

Plaintiff fell off a ladder attached to a grain bin on the Defendants’ farm and brought a negligence action. After adjusting for a jury’s finding that Plaintiff was 40 percent at fault, the Warrick Superior Court entered a judgment of $600,000 for Plaintiff. The Court of Appeals reversed, holding that the Defendants were entitled to judgment on the evidence. See Smith v. Baxter, 87A05-0108-CV-382 (Ind. Ct. App. April 17, 2002) (Not for Publication Memorandum Decision). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal.

                Attorney for Smith
                David L. Clark
                Evansville, IN.

                Attorney for Baxter
                Ronald Warrum
                Evansville, IN.


F.B.I. FARMS, INC. v. BIRCHELL MOORE
Thursday, November 21, 2002 at 10:50 a.m.


The plaintiff seeks a declaratory judgment regarding whether he may execute a lien on shares in a closely held corporation awarded to his former wife in a divorce proceeding. The Steuben Circuit Court ruled in favor of the plaintiff. The Court of Appeals affirmed, holding that the transfer restrictions on the shares were either inapplicable or invalid. See F.B.I. Farms, Inc. v. Moore, 769 N.E.2d 688 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal.

                Attorney for F.B.I. Farms
                J. Richard Ransel
                Jacob S. Frost
                Thorne Grodnik
                Elkhart, IN.

                Attorney for Moore
                Leonard E. Eilbacher
                Fort Wayne, IN.