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Oral Argument Preview: Week of March 30, 2009
Posted in Litigation

Tuesday, March 31, 2009

At 2 p.m., the Indiana Court of Appeals will hear argument in Daily v. City of Columbus.  At issue in this appeal is the trial court’s order affirming the City’s Board of Zoning Appeals denial of a temporary use application for a  farmers market, finding that the City’s zoning ordinance is violated by, among other things, the property not having sufficient “access and frontage.”

At 5 p.m., in the Wynne Courtroom at the Indiana University School of Law-Indianapolis, the Indiana Court of Appeals will hear argument in West v. Wadlington.  At issue in this appeal is the trial court’s order dismissing the plaintiff’s complaint on the basis that the First Amendment prevented the trial court from hearing plaintiff’s claims.  In her complaint, the plaintiff sued two fellow churchgoers, claiming she was defamed and her privacy invaded when one of the churchgoers wrote and distributed to church leaders a letter about plaintiff and then emailed the same letter to the other churchgoer defendant who proceeded to email it to over eighty people.  Plaintiff also sued the City of Indianapolis because the churchgoer who emailed the letter to over eighty people used her work e-mail account with the City to make that distribution. 

Wednesday, April 1, 2009

At 1:30 p.m., at Northwood High School, the Indiana Court of Appeals will hear argument in Stokes v. State.  Stokes was convicted of attempted armed robbery, unlawful possession of a firearm by a serious violent felon, and being an habitual offender.  Stokes raises several issues on appeal, including that a mistrial should have been declared because an alternate juror was involved in the jury deliberations, the evidence was insufficient, and his sentence is excessive.

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