December 17, 2003

Indiana Decisions - D&M Healthcare

The Supreme Court has issued its decision in D&M Healthcare, ruling that Governor O'Bannon's post-session veto and return of the bill at issue (HEA 1866) to the House of Representatives prior to the "first day" of the next convening of...
Posted by Marcia Oddi at 09:50 AM

November 27, 2003

Indiana Decisions - More on Procedural Aspects of D&M Healthcare

In a November 20, 2003 Indiana Law Blog entry, titled "An important procedural aspect of D&M Healthcare," I briefly discussed the application of Indiana Appellate Rule 58: Effect of Supreme Court Ruling on Petition to Transfer, to an evenly divided...
Posted by Marcia Oddi at 05:30 PM

November 20, 2003

Indiana Decisions - An important procedural aspect of D&M Healthcare

In the Indiana Law Blog's October 3, 2003 entry on D&M Healthcare, the "vetoed bills" case (check here for all ILB entries on this case), I discussed the oral argument before the Indiana Supreme Court the day before, and noted:...
Posted by Marcia Oddi at 02:09 PM

November 18, 2003

Indiana Law - Star story on 2003 vetoes

A story today in the Indianapolis Star discusses both the vetoes eligble for override by this (2004) General Assembly, and the past vetoes in dispute as a result of the lower court rulings in D&M Healthcare (access earlier ILB postings...
Posted by Marcia Oddi at 11:29 AM

October 03, 2003

Indiana Decisions - Supreme Court accepts transfer of D&M Healthcare

I watched the oral argument last evening; I urge anyone who has an interest in appellate practice or the Indiana constitution to view it -- it is available here via RealAudio. If you have not been following this case, it...
Posted by Marcia Oddi at 12:54 PM

October 02, 2003

Indiana Decisions - Don't forget, D&M Healthcare Argument This afternoon

The oral argument in D&M Healthcare, Inc. v. Indiana Family and Social Services Administration will be viewable live online today, Thursday, October 2 at 1:30 p.m., and also will be archived for later viewing, as are most if not all...
Posted by Marcia Oddi at 10:18 AM

September 27, 2003

Indiana Decisions - D&M Healthcare Odds & Ends

(1) The oral argument in D&M Healthcare, Inc. v. Indiana Family and Social Services Administration will be viewable live online, on Thursday, October 2 at 1:30 p.m., and also will be archived for later viewing, as are most if not...
Posted by Marcia Oddi at 03:30 PM

September 26, 2003

Indiana Decisions - D&M Healthcare, the Governor's brief on the "vetoed bills" decision

Having now had an opportunity to review the Governor's brief in the State's request to transfer the D&M Healthcare case to the Indiana Supreme Court, thereby vacating the Court of Appeals decision, there are several points to discuss. 1. Both...
Posted by Marcia Oddi at 10:18 AM

September 24, 2003

Indiana Decisions - D&M Healthcare "vetoed" bills oral argument set for 1:30 on Thursday, October 2

During the oral arguments before the U.S. 9th Circuit Monday, on the California recall case, Judge Alex Kozinski asked whether the lower court judge had gotten the law right, or was he saying "close enough." I am reminded of that...
Posted by Marcia Oddi at 02:23 PM

September 22, 2003

Indiana Decisions - Star reports Supreme Court will hear D&M Healthcare

[Updated Monday afternoon, see below] According to a story in the Indianapolis Star this morning, the Indiana Supreme Court has granted transfer in the D&M Healthcare case. This is the Court of Appeals decision holding that "vetoed" bills not returned...
Posted by Marcia Oddi at 08:18 AM

August 30, 2003

Indiana Decisions - Star reports on impact of D&M Healthcare ruling

"Ruling could cost state $137 million: Nursing homes laud decision that would undo payment cuts," is the headline to this story in today's Indianapolis Star, which notes that "State officials plan to appeal to the Indiana Supreme Court." For a...
Posted by Marcia Oddi at 07:27 AM

August 25, 2003

Indiana Decisions - Part IV-B. Reflections on the "Vetoed Bills" Decisions

Part IV-B. Wrap-up and Conclusions. [Note: For links to earlier entries, select "D&M Healthcare" from the Categories list in the right-hand column.] Indiana follows the Enrolled Bill Rule (Enrolled Act Doctrine) – doesn’t that mean that the Court can’t look...
Posted by Marcia Oddi at 08:13 PM

August 24, 2003

Indiana Decisions - Part IV-A. Reflections on the "Vetoed Bills" Decision

Part IV-A. Wrap-up and Conclusions. Who knew? There are more issues upon which to reflect than I had anticipated.... I do think a Q&A format might help here. (Note: These reflections are nothing more than my take on the issues;...
Posted by Marcia Oddi at 04:45 PM

August 21, 2003

Indiana Decisions - Part III of reflections on the "vetoed bills" decision

[Access Part I and links to earlier entries here.] [Access Part II here.] Part III. More on the question of whether the General Assembly may "act" when it is not in session. Until the early 1990's, enrolled bills always had...
Posted by Marcia Oddi at 01:50 PM

Indiana Decisions - Part II of Reflections on the "Vetoed Bills" Decision

[Access Part I and links to earlier entries here.] Part II. Can delivery be asserted when there is no documentary evidence? After both houses of the General Assembly have passed a bill, it is ordered to enrollment, signed by the...
Posted by Marcia Oddi at 10:35 AM

August 19, 2003

Indiana Decisions - Part I. Reflections on the "vetoed bills" decision, D&M Healthcare v. O'Bannon

Part I. Can the General Assembly act when it is not assembled in session? Until 1935 the Lieutenant Governor didn't have a State House day job. The Lt G's only job under the Constitution was (and is) to preside over...
Posted by Marcia Oddi at 04:30 PM

August 16, 2003

Indiana Decisons - More on Vetoed Bills Case

In an editorial published Saturday 8/16/03 in the Indianapolis Star, the Supreme Court is urged, in effect, to "let it go this time with a warning."Nobody wants to see new laws on the books simply because a procedure was violated....
Posted by Marcia Oddi at 02:59 PM

August 14, 2003

Indiana Decisions - Links to the Governor's 2001 Veto Messages

Here is a list of the bills vetoed by the Governor in 2001 after the General Assembly had adjourned, with links to the veto message for each bill. Each message concludes with this sentence: "I hereby veto House [or Senate]...
Posted by Marcia Oddi at 08:00 PM

Indiana Decisions - More on the Court of Appeals vetoed bills opinion

The Star's lead on its story: "A sweeping appeals court ruling Wednesday on Gov. Frank O'Bannon's veto powers could mean scores of long-forgotten bills vetoed years ago would become law, say his top aides," brings to mind both: (1) a...
Posted by Marcia Oddi at 12:28 PM

August 13, 2003

Indiana Decisions - "Vetoed" bill(s) given new life by Court of Appeals

D&M Healthcare, Inc. et al. v. Frank O'Bannon, et al. (IndCtApp 8/13/03) May, Judge In an opinion with potentially far-reaching ramifications just issued, the Court of Appeals has ruled that failure of the Governor to follow the precise requirements of...
Posted by Marcia Oddi at 04:22 PM