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Supreme Court will hear 5 arguments this week

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A mobile home demolished more than a year ago is the subject of one of several oral arguments the Indiana Supreme Court will hear this week.

Justices will hear three cases Tuesday, and two more are scheduled for Thursday, but the court has granted transfer in only two of those cases so far.

The mobile home-related argument tomorrow is in Ernestine Waldon v. Donna Wilkins, 18A04-0604-CV-199, which comes out of Delaware County. After deciding a mobile home was unfit to live in, the county health department initiated proceedings against the owners, Waldon and Virgie Small, and ultimately had the home demolished. The Circuit Court denied the owners' motions to set aside a default judgment and for an order requiring the return of the trailer. The Court of Appeals affirmed in an unpublished opinion Dec. 29. The justices have not yet accepted jurisdiction.

A second case for which the court will consider transfer is Glen Strohmier v. Vivian Strohmier, 24A01-0606-CV-245. The Franklin Circuit Court granted the former wife's Trial Rule 60(B) motion for relief from judgment and modified its earlier division of property, but the appellate court in October reversed and held that the former husband's bankruptcy did not provide grounds for relief under that trial rule.

So far, the only case to be heard Tuesday that the Supreme Court has granted transfer in is a criminal case from Grant Superior Court: Thabit Gault v. State, 27S02-0705-CR-181. Gault was convicted of possession of cocaine with intent to deliver. The Court of Appeals affirmed and decided Gault was not entitled to review a police report because the officer was not an "adverse party" for purposes of Evidence Rule 612(a).

Two arguments are set before the Indiana Supreme Court Thursday, as well. The first argument, Sandra Brinkman v. Anne Bueter, 29S02-0704-CV-141, is a medical malpractice case involving complications associated with pregnancy. A divided Court of Appeals reversed on statute of limitations claims, holding the patient couldn't have reasonably discovered her claims until after consulting another obstetrician. The court has granted transfer in this case.

The second case is State v. Melissa Rucker, 15A01-0608-CR-337, which involves police obtaining a search warrant for Rucker's premises and not filing a supporting affidavit until two weeks later. The Dearborn Superior Court granted her motion to suppress evidence obtained on the grounds based on the delayed filing, and the appellate judges affirmed in February. The court will consider transfer.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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