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Oral Argument Preview: Week of February 23, 2009
Posted in Litigation

On Tuesday, Feb. 24, the Indiana Court of Appeals hears oral argument in Board of Commissioners of Hendricks County v. Town of Plainfield, concerning county and town ordinances that both purport to exercise jurisdiction over the same piece of property in Hendricks County.

On Thursday, Feb. 26, beginning at 9 a.m., the Indiana Supreme Court hears three arguments.

In Kohlmeyer v. Secondary Injury Fund, the Court will hear arguments concerning an issue of first impression under Indiana law:  whether Social Security disability benefits count toward the threshold amount of benefits that must be met in order to become eligible for benefits from the State’s Second Injury Fund.  The Second Injury Fund is designed to provide benefits to employees who are permanently and totally disabled and have received the maximum compensation they are entitled to under the Worker’s Compensation Act.  

The Supreme Court has granted transfer. In Gunashekar v. Grose, the Court will hear arguments concerning whether a trial court abused its discretion by denying the defendants’ motion to continue a bench trial when their attorney withdrew from the case six weeks before trial.  In a not-for-publication opinion, the Court of Appeals concluded (2-1) that the trial court had abused its discretion.

The Supreme Court has granted transfer. Finally, in Treadway v. State, the Court will hear arguments in a direct appeal from a conviction of murder, robbery, and battery and a sentence of life without parole.



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