OF THE INDIANA SUPREME COURT
Attorneys Appellant, Simon, et al.
Arthur G. Raynes
Stephen E. Raynes
Philadelphia, PA
Joel S. Perwin
Michael Olin
Miami, FL
Attorneys for Appellee, United States
Robert D. McCallum, Jr.
Jeffrey S. Bucholtz
Terence M. Healy
Washington, D.C.
Attorneys for Appellee, Hart Corporation
J. Arthur Mozley
Atlanta, GA
Attorneys for Appellant, Schalliol
Harry A. Wilson, Jr.
D. Bruce Kehoe
Indianapolis, IN
Daniel S. Weinstock
Philadelphia, PA
Attorney for Appellee, Fare
Joseph M. Lamonaca
Chadds Ford, PA
Tuesday, December 2, 2003
9:45 a.m.
Abdirizak Yusuf v. State of Indiana
Abdirizak Yusuf was convicted of attempted bribery in the Marion Superior Court.
The Court of Appeals affirmed the conviction in an unpublished memorandum opinion.
Yusuf has petitioned the Supreme Court to accept jurisdiction over the appeal.
Attorneys for Yusuf
Ann M. Sutton
Indianapolis, IN
Attorney for State
Justin F. Roebel
Indianapolis, IN
Tuesday, December 2, 2003
10:30 a.m.
Ryan Griffith v. State of Indiana
Ryan Griffith was convicted in the Marion Superior Court of felony murder, theft,
carrying a handgun without a license, and two counts of criminal confinement.
The Court of Appeals reversed in part and affirmed in part.
Griffith
v. State, 791 N.E.2d 235 (Ind. Ct. App. 2003). The State has
petitioned the Supreme Court to accept jurisdiction over the appeal.
Attorney for Griffith
Timothy J. OConnor
Indianapolis, IN
Attorney for State
Christopher C.T. Stephen
Indianapolis, IN
Thursday, December 4, 2003
9:00 a.m.
Lisa Marie Pedraza v. Brian Gasperson
The St. Joseph Probate Court granted Brian Gaspersons motion to dismiss the petition
to establish paternity, child support and parenting time filed by Lisa Marie Pedraza.
The Court of Appeals reversed in part and remanded in an unpublished
decision. Brian Gasperson has petitioned the Supreme Court to accept jurisdiction over the
appeal.
Attorneys for Pedazra
Aric J. Rutkowski
South Bend, IN
Attorneys for Gasperson
Aladean M. DeRose
South Bend, IN
Thursday, December 4, 2003
9:45 a.m.
City of Hammond v, Jaclyn Reffitt, et al.
The decedent died of hypothermia in a parked car after two police officers
decided not to arrest him for public intoxication. His estate filed a
wrongful death action against the City of Hammond and its police department.
The
Lake Circuit Court
entered judgment on a jury verdict of $150,000 in
favor of the plaintiff. The Court of Appeals reversed, holding that the
defendants were immune from liability under the Indiana Tort Claims Act. City
of Hammond v. Reffitt, 789 N.E.2d 998 (Ind. Ct. App. 2003). The
plaintiff has petitioned the Supreme Court to accept jurisdiction over the appeal.
Attorney for City of Hammond
David W. Weigle
Hammond, IN
Attorney for Reffitt
Mark A. Thiros
Paul G. Stracci
Stephen c. Bower
Merrillville, IN
Tuesday, December 9, 2003
9:00 a.m.
State of Indiana v. Steve Boles, et al.
In separate proceedings, the Fayette Superior Court vacated the clerical imposition of late
surrender fees on bail bonds and released the sureties. The State of
Indiana appealed and the Court of Appeals affirmed.
State v. Boles, et
al., 792 N.E.2d 553 (Ind. Ct. App.2003). The State has petitioned the
Supreme Court to accept jurisdiction over the appeal.
Attorney for Boles
Dane L. Tubergen
Fort Wayne, IN
Attorney for State
Christopher L. Lafuse
Indianapolis, IN
Tuesday, December 9, 2003
9:45 A.m.
Anthony Rust v. State of Indiana
The Marion Superior Court denied the defendants motion for discharge. The Court
of Appeals reversed.
Rust v. State, 792 N.E.2d 616 (Ind. Ct. App.
2003), vacated. The Supreme Court granted the States petition to transfer, vacating
the opinion of the Court of Appeals, and has assumed jurisdiction over the
appeal.
Attorney for Rust
Michael C. Borschel
Indianapolis, IN
Attorney for State
Monika Prekopa Talbot
Indianapolis, IN
Tuesday, December 9, 2003
10:30 a.m.
M-Plan, et al v. Indiana Comprehensive Health Ins. Association
The Marion Superior Court dismissed a declaratory judgment action filed by certain health
maintenance organizations for failure to exhaust administrative remedies. The Court of Appeals
reversed in M-Plan, Inc. v. Ind. Comprehensive Health, 784 N.E.2d 546 (Ind. Ct.
App. 2003). The Indiana Comprehensive Health Insurance Association and the Indiana Insurance
Commissioner have petitioned the Supreme Court to accept jurisdiction over the appeal.
Attorneys for Appellants
David J. Bodle
Robert L. Harley
Indianapolis, IN
John A. Biek
Melissa A. Graham
Chicago, IL
Attorneys for Appellees
Wayne C. Turner
Anne L. Cowgur
Michael R. Limrick
Indianapolis, IN
Attorney for
Amicus Health Plan
Arend J. Abel
Indianapolis, IN
Attorney for
Amicus IHSAA
Robert M. Baker, III
Indianapolis, IN
Thursday, December 11, 2003
9:00 a.m.
Fulton County Advisory Plan Comm. v. Gregory Groninger
The Fulton County Advisory Plan Commission denied the Groningers primary plat application for
a subdivision, finding that it did not meet a vision clearance standard.
The
Fulton Circuit Court ordered approval of the application, and
the Court of
Appeals affirmed, holding that the vision clearance
standard was too indefinite to be
valid.
Fulton County Advisory Plan Commn v. Groninger, 790 N.E.2d 541 (Ind.
Ct. App. 2003). The Supreme Court has granted transfer, vacating the opinion
of Court of Appeals, and has assumed jurisdiction over this appeal.
Attorneys for Fulton County
Byron D. Knight
Elizabeth A. Knight
Schereville, IN
Attorneys for Groninger
Richard K. Helm
Warsaw, IN
Thursday, December 11, 2003
9:45 a.m.
Roy Lee Ward v. State of Indiana
Appellant Ward was convicted of murder and other offenses. He was sentenced
to death by the Spencer Circuit Court. In this mandatory direct appeal,
appellant argues the convictions and sentence should be reversed.
Attorney for Ward
Steven E. Ripstra
Jasper, IN
Lorinda Meier Youngcourt
Huron, IN
Attorney for State
James B. Martin
Indianapolis, IN
Tuesday, December 16, 2003
9:00 a.m.
State of Indiana v. T. Eric Evans
In the States civil action to recover money for alleged accounting irregularities, the
Blackford Circuit Court ruled that a former prosecuting attorney was entitled to be
defended at State expense. The Court of Appeals affirmed in State v.
Evans, 790 N.E.2d 558 (Ind. Ct. App. 2003), 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 Evans
Ralph E. Dowling
Indianapolis, IN
Attorney for State
Jodi Kathryn Stein
Indianapolis, IN
Tuesday, December 16, 2003
9:45 a.m.
Carolyn S. Beckley v. Jack D. Beckley
The Blackford Circuit Court entered an order dissolving the parties marriage and dividing
the parties property. The Court of Appeals reversed the property division and
remanded. Beckley v. Beckley, 790 N.E.2d 1033 (Ind. Ct. App. 2003), 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 C. Beckley
Chris M. Teagle
Muncie, IN
Attorney for J. Beckley
Robert G. Forbes
Hartford City, IN
Tuesday, December 16, 2003
10:30 a.m.
Darrel Forbes, Jr. v. State of Indiana
The Orange Circuit Court denied a motion to suppress the results of a
blood alcohol test. On interlocutory appeal, the Court of Appeals reversed.
Forbes v. State, 793 N.E.2d 1112 (Ind.Ct. App. 2003). The State has
petitioned the Indiana Supreme Court to assume jurisdiction over the appeal.
Attorneys for Forbes
David E. Mosley
Brad Jacobs
Jeffersonville, IN
Attorney for State
Christopher C.T. Stephen
Indianapolis, IN
Thursday, December 18, 2003
9:00 a.m.
Peggy J. Haville v. Michael Haville
The Tippecanoe Superior Court denied former wifes petition to modify an agreement for
spousal maintenance. The Court of Appeals affirmed in
Haville v. Haville, 787
N.E.2d 410 (Ind. Ct. App. 2003). 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 Peggy Haville
Cynthia L. Garwood
Lafayette, IN
Attorney for Michael Haville
Jason W. Bennett
James A. Gothard
Lafayette, IN
Thursday, December 18, 2003
9:45 a.m.
Rosemary Adams Huffman v. Indiana Office of Environmental
The
Marion Superior Court
a
ffirmed a decision by the Indiana Office of
Environmental Adjudication that the plaintiff lacks standing to challenge the renewal of a
permit issued by the Indiana Department of Environmental Management.
The Court of
Appeals reversed and remanded. See Huffman v. Indiana Dept. of Envtl. Mgmt.,
788 N.E.2d 505 (Ind. Ct. App. 2003), vacated. The Supreme Court has
granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction
over this appeal.
Appellant
Rosemary Adams Huffman
Indianapolis, IN
Attorney for In. Office of Env.
David L. Steiner
Indianapolis, IN
Attorney for Eli Lilly
Daniel P. McInerny
George T. Patton
Indianapolis, IN
David B. Barnard
Jodie L. Mitchell
Indianapolis, IN