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Indiana Court of Appeals Argument Preview: Week of April 20, 2009
Posted in Litigation

The Indiana Court of Appeals will hold three arguments this week.

At 10 a.m. on Monday, April 20, the Court will hear argument in Matter of T.A. & K.S..  This appeal arises from the removal of two children from their home pending an investigation into the sudden death of their 14-year-old sibling.  An autopsy concluded that the death was accidental and directly caused by a prescription error.  The children’s mother agreed with the Department of Child Services to a timeline for the children’s return home.  The DCS failed to return the children on the agreed date and the Mother sought to have the DCS held in contempt.  The trial court discharged the Mother’s motion for contempt, denied the Mother’s motion to correct error, and this appeal ensued.  The argument will be held in Ivy Hall, at Ivy Tech, in Lafayette.

At 10 a.m. on Tuesday, April 21, the Indiana Court of Appeals will hear argument in Jennings Water, Inc. v. IDEM.  This appeal arises from a trial court’s order affirming a decision by the Office of Environmental Adjudication (“OEA”).  The OEA denied Jennings Water’s petition to stop the construction of a Confined Feeding Operation (“CFO”) in Jackson County.  Jennings Water, a rural not-for-profit water company, alleged that the CFO would endanger and contaminate its well water field a mile away.  The OEA upheld IDEM’s approval of the CFO permit.  This argument will be held in the Indiana Court of Appeals Courtroom in the State House, and also webcast.

At 10 a.m. on Friday, April 25, the Indiana Court of Appeals will hear argument in State v. Benson.  In this case, the State appealed a trial court order suppressing evidence.  The State argues that the evidence was discovered during a valid search incident to Benson’s arrest for resisting law enforcement.  The argument will be held at Warsaw Community High School in Warsaw.

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