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

Tuesday, March 24, 2009

At 10 a.m., the Indiana Court of Appeals will hear argument in Reynolds v. State.  The subject of the argument is whether attorney Gregory L. Caldwell should be held in contempt for failure to comply with the Court’s orders.

Wednesday, March 25, 2009

At 1 p.m., the Indiana Court of Appeals will hear argument in Jaskolski v. Daniels.  At issue in this interlocutory appeal is the denial of Jaskolski’s petition for certification of his status as a federal employee pursuant to the Westfall Act, 28 U.S.C. § 2679.  That certification request was denied by the Attorney General, the United States District Court for the Northern District of Indiana and the Lake Superior Court (on remand).  Appellees challenge the Court’s jurisdiction to hear this appeal. This argument will be webcast.

At 2:30 p.m., the Indiana Court of Appeals will hear argument in Brown v. State.  In this interlocutory appeal, Brown challenges the sufficiency of the probable cause hearing that resulted in a search warrant for his home, specifically the evidence offered by the State to substantiate the credibility of the “concerned citizen” providing a basis for the warrant.  The trial court denied the motion to suppress the evidence resulting from execution of the search warrant.  See the Court’s description of the case here.  This argument will be webcast.

Thursday, March 26, 2009

At 10 a.m., the Indiana Court of Appeals will hear argument in Montgomery v. State.  The trial court in Montgomery admitted evidence that was discovered during a warrantless search of the defendant’s hotel room.  At issue in the appeal is whether valid consent or exigent circumstances existed for the warrantless search.

At 1:30 p.m., the Indiana Court of Appeals will hear argument in Swartzentruber v. State.  The defendant is appealing the sentence he received for causing the death of one person and injuring four others when the pickup he was driving struck the rear of a horse-drawn buggy.This argument will be webcast.

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