ILNews

Supreme Court will hear 5 arguments this week

Back to TopCommentsE-mailPrintBookmark and Share
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 The Court of Appeals affirmed in an unpublished opinion Dec. 29.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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

ADVERTISEMENT