JANUARY 2004 SITTING
OF THE INDIANA SUPREME COURT
9:00 a.m. Charles Black v. State of Indiana
Charles Black is charged with dealing and possession of cocaine, and the Marion
Superior Court denied his motion to suppress evidence obtained by the police.
On interlocutory appeal, the Court of Appeals affirmed the trial courts judgment.
Black v. State, 795 N.E.2d 1061 (Ind. Ct. App. 2003), vacated. The
Indiana Supreme Court has granted a petition seeking transfer of jurisdiction, vacating the
opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
Attorney for Black
John L. Tompkins
Indianapolis, IN
Attorney for State
Christopher L. LaFuse
Deputy Attorney General
Indianapolis, IN
Tuesday, January 13, 2004
9:00 a.m. U.S. Steel Corp v. Lake County Property Tax Assessment Bd. of Appeals
and
BP Amoco v. Lake County Property Tax Assessment Bd. of Appeals
In each case, the Indiana Board of Tax Review dismissed appeals by taxpayers
who had requested a tax refund and filed multiple petitions for correction of
error in their taxes. The Tax Court reversed and remanded both cases
with instructions for the Board to hold hearings on the petitions. U.S.
Steel Corp. v. Lake County Property Tax Assessment Bd. of Appeals, 785 N.E.2d
1209 (Ind. Tax 2003), review granted; BP Amoco v. Lake County Property
Tax Assessment Bd. of Appeals, 785 N.E.2d 1216 (Ind. Tax 2003), review granted.
The Supreme Court has granted petitions to review and has assumed jurisdiction
over the appeals.
Attorney for BP Amoco
Jeffrey T. Bennett
Steven G. Cracraft
Michael S. Prakel
Indianapolis, IN
Attorney for U.S. Steel
Ronald M. Soskin
Robert B. Clemens
Thomas M. Atherton
David A. Suess
Indianapolis, IN
Attorney for Lake Cty Property Tax Assmt Brd of Appeals
Brian P. Popp
Dock McDowell, Jr.
Merriville, IN
John S. Dull
Crown Point, IN
Joel Schiff, Deputy Attorney General
Indianapolis, IN
Tuesday, January 13, 2004
10:05 a.m. Paul M. McManus v. State of Indiana
Paul McManus was convicted of three counts of murder and was sentenced to
death by the Vanderburgh Circuit Court. In this mandatory direct appeal, McManus
argues the murder conviction and death sentence should be reversed.
Attorney for McManus
Timothy R. Dodd
John P. Brinson
Evansville, IN
Attorney for State
Scott A. Kreider
Stanley M. Levco
Indianapolis, IN
Tuesday, January 13, 2004
11:10 a.m. Kevin G. Kocher v. Alva Lynne Getz
Defendant admitted liability for a traffic accident but raised failure to mitigate damages
as a defense. The Huntington Circuit Court entered judgment on a jury
verdict in favor of plaintiff. The Court of Appeals reversed and
remanded for new trial, holding that the trial court should have given jury
instructions on comparative fault. Kocher v. Getz, 787 N.E.2d 418 (Ind. Ct.
App. 2003), vacated. The Supreme Court has granted transfer, vacating the
opinion of Court of Appeals, and has assumed jurisdiction over this appeal.
Attorney for Kocher
Josef Musser
Kyle C. Persinger
Marion, IN
Attorney for Getz
Mark C. Guenin
Wabash, IN