Attorneys for City of Bloomington
Patricia S. Bernens
R. Michael Flory
Sharon Baker v. Marion Co. Office of Family & Children
Thursday, November 7, 2002 at 9:45 a.m.
The Marion Superior Court terminated appellants 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
Attorney for Marion County Office of
Family & Child
Attorney for Child Advocates, Inc.
Loretta A. Oleksy
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 appellants Madison County murder conviction and death sentence was affirmed in Saylor v. State, 765 N.E.2d 535 (Ind. 2002). While appellants 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
Emily Mills Hawk
Attorney for State
Stephen R. Creason
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 jurys 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
Attorney for Baxter
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
Attorney for Moore
Leonard E. Eilbacher
Fort Wayne, IN.