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Appeals court to visit Marion, Vigo counties

January 1, 2008
The Indiana Court of Appeals continues to travel around the state this month, making stops in Marion and Vigo counties Tuesday.

Judges Patricia Riley, James Kirsch, and Margret Robb will hear arguments in Gary and Katherine Hoesman v. Daniel Sheffler, et al., No. 77A01-0708-CV-385, at 10:30 a.m. in the Cecilian Auditorium in the Conservatory of Music Building at the St. Mary-of-the-Woods College in Vigo County. In this case, a trust's beneficiaries discovered the trust administrator had converted funds for her personal use. The beneficiaries got the administrator removed and won a money judgment against her. The beneficiaries now are trying to get assets held by the administrator's husband and mother on theories of fraudulent transfer, prior lien, and constructive trust. The appellate court will need to determine whether the trial court was correct in granting summary judgment for Sheffler's mother and husband and in denying the beneficiaries' motions for leave to amend their complaint and to consolidate this action with another.

In Indianapolis, Judges Melissa May, Michael Barnes, and Cale Bradford will hear the case, Otis Freshwater v. State of Indiana, No. 27A02-0710-CR-863, at 1:30 p.m. at Heritage Christian School, 6401 E. 75th St. Otis Freshwater was convicted of armed robbery and residential entry. The Court of Appeals is asked to decide whether the trial court erred in admitting hearsay statements from a police officer over Freshwater's objection, and if the state failed to meet its burden of proof on the second count of residential entry.
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