JANUARY 2004 SITTING
OF THE INDIANA SUPREME COURT



Thursday, January 8, 2004

9:00 a.m.     Charles Black v. State of Indiana

Charles Black is charged with dealing and possession of cocaine, and the Marion Superior Court denied his motion to suppress evidence obtained by the police. On interlocutory appeal, the Court of Appeals affirmed the trial court’s judgment. Black v. State, 795 N.E.2d 1061 (Ind. Ct. App. 2003), vacated. The Indiana Supreme Court has granted a petition seeking transfer of jurisdiction, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                        
                        Attorney for Black
                        John L. Tompkins
                        Indianapolis, IN

                        Attorney for State
                        Christopher L. LaFuse
                        Deputy Attorney General
                        Indianapolis, IN



Tuesday, January 13, 2004

9:00 a.m.     U.S. Steel Corp v. Lake County Property Tax Assessment Bd. of Appeals

                            and

         BP Amoco v. Lake County Property Tax Assessment Bd. of Appeals

In each case, the Indiana Board of Tax Review dismissed appeals by taxpayers who had requested a tax refund and filed multiple petitions for correction of error in their taxes. The Tax Court reversed and remanded both cases with instructions for the Board to hold hearings on the petitions. U.S. Steel Corp. v. Lake County Property Tax Assessment Bd. of Appeals, 785 N.E.2d 1209 (Ind. Tax 2003), review granted; BP Amoco v. Lake County Property Tax Assessment Bd. of Appeals, 785 N.E.2d 1216 (Ind. Tax 2003), review granted. The Supreme Court has granted petitions to review and has assumed jurisdiction over the appeals.

                    Attorney for BP Amoco
                Jeffrey T. Bennett
                    Steven G. Cracraft
                    Michael S. Prakel
                    Indianapolis, IN

                    Attorney for U.S. Steel
                    Ronald M. Soskin
                    Robert B. Clemens
                    Thomas M. Atherton
                    David A. Suess
                    Indianapolis, IN

                    Attorney for Lake Cty Property Tax Assmt Brd of Appeals
                    Brian P. Popp
                    Dock McDowell, Jr.
                    Merriville, IN
                    John S. Dull
                    Crown Point, IN
                    Joel Schiff, Deputy Attorney General
                    Indianapolis, IN


Tuesday, January 13, 2004

10:05 a.m.     Paul M. McManus v. State of Indiana

Paul McManus was convicted of three counts of murder and was sentenced to death by the Vanderburgh Circuit Court. In this mandatory direct appeal, McManus argues the murder conviction and death sentence should be reversed.

                    Attorney for McManus
                    Timothy R. Dodd
                    John P. Brinson
                    Evansville, IN

                    Attorney for State
                    Scott A. Kreider
                    Stanley M. Levco
                    Indianapolis, IN

Tuesday, January 13, 2004

11:10 a.m.     Kevin G. Kocher v. Alva Lynne Getz

Defendant admitted liability for a traffic accident but raised failure to mitigate damages as a defense. The Huntington Circuit Court entered judgment on a jury verdict in favor of plaintiff. The Court of Appeals reversed and remanded for new trial, holding that the trial court should have given jury instructions on comparative fault. Kocher v. Getz, 787 N.E.2d 418 (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.


                        Attorney for Kocher
                        Josef Musser
                        Kyle C. Persinger
                        Marion, IN

                        Attorney for Getz
                        Mark C. Guenin
                        Wabash, IN