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 The Court of Appeals affirmed in an unpublished opinion Dec. 29.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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.