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7th Circuit, Supreme Court arguments Friday

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Anyone wanting to watch or listen to appellate arguments in federal or state court will have a chance Friday.

The 7th Circuit Court of Appeals in Chicago will hear arguments questioning whether a portion of Indiana's wine-shipping law is constitutional, and the Indiana Supreme Court will hear two civil cases involving state agencies.

A three-judge federal panel will hear arguments at 9:30 a.m. Central Standard Time in consolidated cases Patrick L. Baude, et al. v. David Heath and Wine and Spirits Wholesalers of Indiana, Nos. 07-3323 and 07-3338. The appeal stems from an August ruling by then-U.S. District Judge John D. Tinder in Indianapolis that part of the state's 2006 law banning out-of-state wineries from shipping to Hoosier customers without face-to-face contact is unconstitutional.

The state argues that the law is constitutional and should be enforced, while wineries and wine consumers contend that the law discriminates against wineries outside the state and could harm business or the customers' wine enjoyment. Ten amici curiae briefs have been filed in the cases, including two from Indiana General Assembly members who disagree with each other about the law and a brief in support of the law from 21 states and Puerto Rico. Audio of the arguments can be found at the 7th Circuit Web site.

In Indianapolis that morning, the Indiana Supreme Court will hear arguments at 9 a.m. in Indiana State University v. Review Board of Indiana Department of Workforce Development, 93S02-0801-EX-17. After the university didn't reappoint an assistant professor for the next academic year, the review board determined that educator was entitled to unemployment benefits. The Court of Appeals reversed last year, and the justices decided to take the case.

The second case - scheduled for 9:45 a.m. - is Miller Brewing Co. v. Indiana Department of State Revenue, No. 49S00-0711-TA-553. That case involves an appeal from the Indiana Tax Court, where Miller Brewing moved for summary judgment on grounds that the department's position was barred by issue preclusion. The Tax Court denied that motion but certified it for review by the state's highest court.

State arguments can be watched live online at the Indiana Supreme Court's Web site here and clicking on the particular case name.

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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