DECEMBER 1999 SITTING

                OF THE SUPREME COURT

All oral arguments are conducted in the Courtroom, Room 317, State House, unless otherwise indicated.

December 1

9:30 a.m. JOHN F. HANLEY V. EASTERN INDIANA INVESTMENT CORP. The Alcoholic Beverage Commission found that the permit holder was not of good moral character because of frequent criminal activity on the premises of the combination hotel/bar, and declined to renew the bar's alcoholic beverage permit. The Marion Superior Court, Judge Steven R. Eichholtz, ruled that the evidence supporting the nonrenewal was insufficient and reversed the agency. The Court of Appeals affirmed the trial court. Hanley v. Eastern Indiana Investment Corp., no. 49A04-9803-

CV-171 (Ind. Ct. App. Feb. 26, 1999                                                       ).  The Commission seeks transfer.

Attorney for Hanley

Rachel Zaffrann                     Office of Attorney General

                    Attorney for Eastern Indiana

                    Robert A. Durham
                    Indianapolis, Indiana



December 7

9:00 a.m.    MICHAEL ALLEN LAMBERT V. STATE OF INDIANA

    
Lambert was convicted of murdering Muncie police officer Gregg Winters and was sentenced to death. The Delaware Superior Court denied post-conviction relief from the conviction and the sentence, and Lambert appeals that judgment.

        
                    Attorney for Lambert

                    Thomas C. Hinesley
                    Kathleen Cleary
                    Office of Public Defender

                    Attorney for State

                    Priscilla J. Fossum
                    Office of Attorney General    

December 7

10:10 a.m.    TOM SMITH V. THE STATE LOTTERY COMMISSION

    
Tom Smith bought a winning scratch-off lottery ticket, but when he tried to claim his prize, he was informed it was too late. Smith filed a class action complaint against the State Lottery Commission on behalf of himself and similarly situated persons. The Marion Superior Court dismissed, concluding that Smith had failed to exhaust his administrative remedies. The Court of Appeals reversed. Smith v. State Lottery
Commission
, 701 N.E.2d 926 (Ind. Ct. App. 1998). The State Lottery Commission seeks transfer.

                    Attorney for Smith

                    David K. Herzog
                    James W. Clark
                    Richard A. Waples
                    Indianapolis, Indiana

                Attorney for the State Lottery Commission

                    John Laramore
                    Office of Attorney General




December 15

9:30 a.m.    ANTHONY L. HOUSTON V. STATE OF INDIANA

    Anthony Houston was convicted of murder following a jury trial in the Marion Superior Court. He now appeals, raising issues relating to the sufficiency of the evidence and the admission of evidence.

                    Attorney for Houston

                    Kurt A. Young
                    Nashville, Indiana

                    Attorney for State

                    Sarah E. Scherrer
                    Office of Attorney General

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