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Saturday, November 04, 2006

Ind. Decisions - Catching up on some Court of Appeals opinions [Updated]

No way to catch up on nearly two weeks' worth of Court of Appeals opinions in my "free time." But I will try to highlight a few of them, particularly those which led to newspaper stories.

Alan Stowers & Sherry Stowers v. Clinton Central School Corporation (10/26/06) was reported in this Oct. 29th AP story, headlined "New trial ordered in suit over '01 football death."

[Updated] Here are more reports:

Flying J., Inc. v. City of New Haven, Board of Zoning Appeals (10/31/06) was reported in the Fort Wayne News Sentinel under the headline "Flying J prevails in zoning dispute: Appeals court rejects earlier ruling, says company can build travel plaza on land west of I-469 in New Haven."

In the Matter of W.C.B. (11/1/06) is briefly reported in this Indianapolis Star story that begins: "Even though minors cannot legally consent to sexual activity, they can be charged as a juvenile delinquent under the state’s child molesting law, the Indiana Court of Appeals has ruled."

This one is not yet a Court of Appeals decision - the AP reported Oct. 31st: "SULLIVAN, Ind. - A woman's retrial in her husband's 1997 killing has been put on hold while the Indiana Court of Appeals decides whether jurors can visit the alleged murder scene.

This story from the Oct. 27th South Bend Tribune reported on an upcoming oral argument:

SOUTH BEND -- An Indiana Court of Appeals case scheduled for this afternoon will be the first all-access courtroom action photographed in a St. Joseph County court under the state's cameras in the courtroom pilot program.

As part of the appeals court's "on the road" series, a three-member panel will hear oral arguments in the case of Anita Stuller, et al v. Mitchell E. Daniels, Indiana's governor.

The court is asked to interpret an Indiana statute to determine whether the state was required to follow public bidding procedures when contracting for the operations of a Fort Wayne residential development center.

A television camera operator, newspaper photographer and radio reporter will be allowed to record the proceedings inside the St. Joseph Circuit Courtroom of Judge Michael Gotsch, one of eight trial courts participating in the cameras project.

Gotsch's courtroom was first opened to cameras July 5, but the recordings included no sound and focused mostly on the judge, since all parties must consent to being electronically documented.

Other courts across the state have had proceedings recorded by cameras, but the appeals case is the first time the court in South Bend will fully participate.

Proponents of the cameras project say it will help educate the public and make the courts more accessible. Opponents argue the presence of cameras will alter the judicial process and court activity.

A three-member panel of judges, including former St. Joseph County Prosecutor Michael P. Barnes and Terry A. Crone, who served as circuit court judge in the courtroom before Gotsch, will hear the case.

See also this AP story, headed "Court hears appeal in developmental center lawsuit."

Posted by Marcia Oddi on November 4, 2006 08:45 AM
Posted to Ind. App.Ct. Decisions