ILNews

Supreme Court arguments Wednesday

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court will have a busy Wednesday morning as it hears arguments scheduled for three cases on appeal.

First up is Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes petitioned the Supreme Court to accept jurisdiction over his appeal. The Worker's Compensation Board denied Mayes' disability benefits from the Second Injury Fund, ruling Mayes' settlement of his claim against third-party tortfeasors precluded those benefits from the fund. The Court of Appeals affirmed finding Mayes failed to prove he was entitled to compensation from the fund.

Next up is Technisand, Inc. v. Jessie Melton, No. 30A01-0608-CV-334, in which the Supreme Court is asked to decide whether the statute of limitations was applicable in claims against Technisand. In the not-for-publication opinion, the Court of Appeals affirmed the trial court's denial of summary judgment for Technisand in a complaint against the company filed by Patty Melton's husband. Patty died of leukemia and her husband filed the complaint, alleging chemicals manufactured and sold by Technisand that were present in Patty's workplace caused or contributed to her death. The Court of Appeals held that although the statute of limitations had run out with respect to a wrongful death claim against Technisand, the claim was timely filed against the company with respect to the Products Liability Act.

Finally, the high court will hear arguments in Darrel Maymon v. State of Indiana, No. 48A02-0611-PC-1060. Maymon was convicted on four counts of burglary in one trial and petitioned for post-conviction relief, claiming his trial counsel rendered ineffective assistance by not seeking severance of the charges. Madison Superior Court denied relief, but the Court of Appeals reversed Maymon's two convictions of Class A felony burglary and remanded for retrial on the two Class B felony counts of burglary.
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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

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