AMENDED
NOVEMBER 2004 SITTING
OF THE INDIANA SUPREME COURT


Thursday, November 4, 2004


9:00 a.m.     Maurice Smith v. State

The Porter Superior Court found appellant to be a repeat sex offender pursuant to Indiana Code § 35-50-2-14 and sentenced him accordingly. The Court of Appeals concluded that the statute is unconstitutional and vacated the enhanced sentence in Maurice K. Smith v. State, 804 N.E.2d 1246 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case filed by the State, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                             Attorneys for Smith
                            Matthew Soliday
                            James Tsoutsoris
                            Valparaiso, IN

                             Attorney for State
                            Jodi Kathryn Stein
                            Indianapolis, IN







Thursday, November 4, 2004

9:45 a.m.     Brownsburg Community School Corp. v. Natare Corp .

The Marion Superior Court denied Brownsburg Community School Corporation’s motion for judgment on the pleadings, which alleged that Brownsburg Community School Corporation was not a “person” subject to suit under Indiana’s antitrust statutes. The Court of Appeals affirmed in Brownsburg School Corp. v. Natare Corp., 808 N.E.2d 148 (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 this appeal.


                             Attorney for Appellant
                            James Stephenson
                            Indianapolis, IN

                             Attorney for Appellee
                            Thomas Pastore
                            Indianapolis, IN


Thursday, November 4, 2004

10:30 a.m.      Stephen Cox v. William Paul,

The Coxes filed a medical malpractice complaint against Paul and filed a motion for partial summary judgment, asking the St. Joseph Circuit Court to find as a matter of law that Paul violated his duty to warn Ms. Cox about potential defects in her dental implants. The trial court denied the motion for partial summary judgment. In this interlocutory appeal, the Court of Appeals reversed and remanded for an entry granting the motion for partial summary judgment. Cox v. Paul, 805 N.E.2d 901 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over this appeal.

                            Attorneys for the Cox
                            Edmond Foley
                            Douglas Small
                            South Bend, IN

                             Attorneys for Paul
                            Elizabeth Knotts
                            Rori Goldman
                            Indianapolis, IN
Wednesday, November 10, 2004

9:00 a.m.     Bruce G. Heath v. State

After a jury found appellant guilty of criminal recklessness, the Noble Circuit Court entered judgment of conviction as a Class D felony and sentenced appellant to two and one-half years. The Court of Appeals affirmed in Heath v. State, No. 57A04-0307-CR-371 (Ind. Ct. App. June 16, 2004) (unpublished Memorandum Decision), 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. The oral argument will focus on issues relating to Blakely v. Washington, 124 S.Ct. 2531 (2004).


    Attorney for Heath                Attorneys for State
    Lorraine Rodts                Steve Carter
    Bloomington, IN                Matthew Fisher
                            Indianapolis, IN


Adolphe Smylie v. State

Appellant pleaded guilty to two counts of child solicitation as a Class D felony, and the Johnson Superior Court sentenced appellant to three and one-half years. The Court of Appeals affirmed in Smylie v. State, no. 41A01-0309-CR-339 (Ind. Ct. App. April 13, 2004) (unpublished Memorandum Decision), 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. The oral argument will focus on issues relating to Blakely v. Washington, 124 S.Ct. 2531 (2004).


    Attorneys for Smylie                Attorneys for State
    Robert Hammerle                Steve Carter
    Joseph Cleary                    Grant Carlton
    Indianapolis, IN                Indianapolis, IN                            
                        


Thursday, November 18, 2004

4:30 p.m.      John P. Myers v. State will be held in New Albany, Indiana at the Grand Theatre.

The Scott Superior Court denied the defendant’s motion to suppress a handgun seized during a warrantless search of his vehicle. On interlocutory appeal, the Court of Appeals affirmed in Myers v. State, 806 N.E.2d 350 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted defendant’s petition to transfer the case, thus vacating the Court of Appeals opinion, and has assumed jurisdiction over this appeal.

                             Attorneys for Myers
                            Thomas Lantz
                            Ryan Redmon
                            Seymour, IN

                             Attorney for State
                            Christopher LaFuse
                            Indianapolis, IN
            
Tuesday, November 23, 2004

9:00 a.m.      Nagy v. Evansville-Vanderburgh School Corp.

When parents of school children sued as a class for an injunction and a declaration that the School Corporation’s mandatory $20 per student fee is unconstitutional, the Vanderburgh Superior Court ruled on cross-motions for summary judgment that the fee does not violate Indiana Constitution, Article 8, § 1 (“tuition shall be without charge”). The Court of Appeals reversed and remanded after concluding that the parents were entitled to summary judgment because the fee violates Article 8, § 1 of the Indiana Constitution. Nagy v. Evansville–Vanderburgh School Corp., 808 N.E.2d 1221 (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 Frank Nagy, et al
        Jacquelyn Bowie Suess
        Kenneth Falk
        Indianapolis, IN

         Attorneys for Evansville –Vanderburgh School Corp.
        Patrick Shoulders
        Robert Burkart
        Evansville, IN

        Attorney for Amicus Curiae, the Indiana School Boards Association
        Lisa Tanselle
        Indianapolis, IN
Tuesday, November 23, 2004

10:05 a.m.     Donna J. MacLafferty v. William P. MacLafferty

In this dissolution case, the Marion Superior Court granted a father’s petition to modify his child support obligation. The Court of Appeals affirmed, holding that the trial court did not err in reducing the father's support obligation based only on the mother's increased income. MacLafferty v. MacLafferty, 811 N.E.2d 450 (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
Bryan Lee Ciyou
Indianapolis, IN
        
Attorney for Appellee
Michael Cheerva
                Indianapolis, IN


T uesday, November 23, 2004

10:50 a.m.     (In re Guidant Corporation), Ritter v. Dollens


The United States District Court, Southern District of Indiana, Indianapolis Division, has certified a question of state law to the Indiana Supreme Court. The question is:

Under Indiana Code § 23-1-32-2, regarding futility, by what legal standard should a court evaluate a shareholder’s decision not to make demand to a public corporation’s board of directors before filing a derivative suit?

The Supreme Court has accepted and will answer the question.