Court of Appeals press release letterhead
FOR IMMEDIATE RELEASE
March 30, 2009
Contact: Sandhya Graves
317.234.4859

COURT OF APPEALS HOLDS ORAL ARGUMENT IN ROSALYN WEST v. BETTY WADLINGTON, ET AL. - INDIANAPOLIS
Case Originates from Marion Superior Court

The Indiana Court of Appeals will hear oral argument in Rosalynn West v. Betty Wadlington, et al. on Tuesday, March 31st at 5 p.m. at the Wynne Courtroom at the Indiana University School of Law building– Indianapolis.  A panel of Judge L. Mark Bailey, Judge Paul D. Mathias, and Judge Michael P. Barnes will hear the case on appeal from Marion County Superior Court.

This case involves a defamation and invasion of privacy suit. The issue on appeal is whether the Free Exercise clause of the First Amendment prevented the trial court from hearing Rosalynn West's claims. West sued her fellow churchgoers, Betty Wadlington and Jeanette Larkins, and Larkins' employer, the City of Indianapolis, claiming defamation and invasion of privacy.  West's complaint stems from a letter about West that Wadlington wrote and addressed to their church board of trustees and board of deacons.  Wadlington included this letter in an email she sent to Larkins at her work email address, who then forwarded the email on to over eighty other email addresses.  The Defendants filed a motion to dismiss West's complaint for lack of subject matter jurisdiction, arguing that the Free Exercise clause of the First Amendment prevented the court from determining whether the statements in the email were defamatory or false.  The trial court granted the motion to dismiss. Arguing for the appellant, Rosalynn West, will be Michael D. Head, and arguing for the appellees, Jeanette Larkins and the Indianapolis Metropolitan Police Dept., will be Nicole Kelsey.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.   The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since its centennial in 2000-2001. 

The Indiana Court of Appeals is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.  

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels.  For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiatives, as well as additional information on Rosalynn West v. Betty Wadlington, et al., visit http://www.in.gov/judiciary/appeals/arguments.html

 
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