MAY 2005 SITTING
OF THE INDIANA SUPREME COURT
Attorneys for Appellants Attorney for Appellees
Morris Klapper Alan Bouwkamp
G. R. Parish Indianapolis, IN
Indianapolis, IN
Thursday, May 5, 2005
9:45 a.m. DePuy, Inc. v. Anthony Farmer
The Worker’s Compensation Board ruled that Farmer’s settlement of his battery claim against
a co-worker did not preclude Farmer from seeking worker’s compensation benefits from his
employer, DePuy, and the Board later awarded him benefits. The Court of
Appeals reversed and held the injury Farmer suffered during that battery did not
arise out of his employment. DePuy, Inc. v. Farmer, 815 N.E.2d 558
(Ind. Ct. App. 2004), vacated. The Supreme Court has granted transfer and
assumed jurisdiction over the case.
Attorneys for DePuy, Inc. Attorney for Anthony Farmer
James Buchholz David Kolbe
Larry Barnard Warsaw, IN
Fort Wayne, IN
Thursday, May 12, 2005
9:00 a.m. State v. Charlie Jones
On July 7, 1999, the Appellee, Charlie Jones, pled guilty to attempted robbery,
class B felony robbery, class C felony robbery, and to being an habitual
offender, the latter predicated on prior robbery convictions in 1991 and 1996.
On March 24, 2003, a post-conviction court vacated Jones’s 1991 robbery conviction.
Thereafter, the post-conviction court vacated his July 1999 habitual offender sentencing enhancement due
to the vacation of his 1991 robbery conviction. The Court of Appeals
affirmed. State v. Jones, 819 N.E.2d 877 (Ind. Ct. App. 2004).
The State of Indiana has petitioned the Indiana Supreme Court to accept jurisdiction
over the appeal.
Attorney for State Attorney for Charlie Jones
Cynthia Ploughe Lloyd Sally
Indianapolis, IN Indianapolis, IN
Thursday, May 12, 2005
9:45 a.m. Charles Gregory Hall v. State of Indiana
The Appellant, Charles Gregory Hall, pled guilty in 1983 to Burglary as a
Class C felony. In May 2003, Hall filed an amended petition for
post-conviction relief claiming his he had not made his guilty plea knowingly, intelligently,
and voluntarily because he was not advised of certain rights required by Boykin
v. Alabama, 395 U.S. 238 (1969). The trial court denied the petition.
The Court of Appeals reversed. Hall v. State, 819 N.E.2d 102
(Ind. Ct. App. 2004), vacated. The Indiana Supreme Court has granted a
petition to transfer the case, thus vacating the opinion of the Court of
Appeals, and has assumed jurisdiction over the appeal.
Thursday, May 26, 2005
9:00 a.m. Trail v. Boys & Girls Club of N.W. Ind.
Plaintiff sued his former employer and several individuals on several legal theories.
The Lake Circuit Court dismissed the complaint for failure to state a claim.
The Court of Appeals reversed in part and reinstated plaintiff's claim for
defamation and his claim against four individuals for tortious interference with a contractual
relationship. See Trail v. Boys & Girls Club of N.W. Ind., 811
N.E.2d 830 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted
a petition to transfer the case, thus vacating the opinion of the Court
of Appeals, and has assumed jurisdiction over the appeal.
Attorney for Appellant Attorneys for Appellees
Nathaniel Ruff Paul Peralta
Merrillville, IN D. Lucetta Pope
South Bend, IN
Thursday May 26, 2005
9:45 a.m. State Farm Mut. Auto. Ins. Co. v. Ruth Estep
In conjunction with a proceeding supplemental instituted by Estep, the Bartholomew Circuit Court
denied State Farm’s motions to intervene and to set aside an earlier order
requiring the judgment debtor, one of State Farm’s insureds, to assign to Estep
rights he may have to bring a claim against State Farm. The
Court of Appeals affirmed in part, reversed in part and remanded. State
Farm Mut. Automobile Ins. Co. v. Ruth Estep, 818 N.E.2d 114 (Ind. Ct.
App. 2004). Estep has petitioned the Supreme Court to accept jurisdiction over
this appeal.
Attorneys for State Farm Attorneys for Ruth Estep
Karl Mulvaney Peter Campbell King
Dennis Cantrell J. Kevin King
Nana Quay-Smith Columbus, IN
Candace Sage
Indianapolis, IN