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Oral Argument Preview: Week of May 26, 2009
Posted in Litigation

On Thursday, May 28, the Indiana Supreme Court will hear argument in three cases.

  • At 9 a.m., the Court will hear Wilkes v. State.  In this case, the defendant appeals his conviction for three murders and the trial court’s sentence of death.  The death sentence was entered after the jury did not reach a unanimous decision on the sentence.  This case is a direct appeal from the trial court.
  • At 10:05 a.m., the Court will hear Burke v. Bennett.  This case concerns the 2007 Terre Haute mayoral election.  That election resulted in Bennett receiving more votes, but Burke filed an election contest claiming that Bennett was ineligible for office.  The Vigo Circuit Court declared Bennett eligible, but the Indiana Court of Appeals reversed in this published decision.  The Court of Appeals held that Bennett was disqualified, that the office of mayor was vacant, and that a special election was required.  The Indiana Supreme Court granted transfer, vacating the Court of Appeals’ opinion.
  • At 10:55 a.m., the Court will hear argument in Matter of Termination of Parent-Child Relationship of M.B. and S.B.  In this case, the Howard Circuit Court denied a mother’s Trial Rule 60(B) motion to set aside an order for the voluntary termination of parental rights.  The Indiana Court of Appeals affirmed in this published opinion.  The Court of Appeals held that an addendum to the mother’s consent providing for post-adoption visitation was unenforceable.  The Indiana Supreme Court granted transfer, vacating the Court of Appeals’ opinion.  This will be another in a series of recent cases in the Indiana Supreme Court addressing the termination of parental rights.  (See our summaries of earlier cases here, here and here).
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