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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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