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Monday, October 29, 2007

Ind. Decisions - Upcoming oral arguments this week

[Note: The information below is compiled each Monday morning from the online court oral argument calendars and the court oral arguments online website.]

This week's oral arguments before the Supreme Court:

This Thursday, Nov. 1st:

9:00 AM - Querrey & Harrow v. Transcontinental Ins. Co. - Transcontinental, an excess insurer, filed a legal malpractice claim against the attorneys who had represented the insured in an earlier case. The Lake Superior Court denied the attorneys' motions for summary judgment. In this interlocutory appeal, the Court of Appeals reversed and held that the attorneys could not be held liable to Transcontinental and were entitled to summary judgment. Querrey & Harrow, Ltd. v. Transcontinental Ins. Co., 861 N.E.2d 719 (Ind. Ct. App. Feb. 19, 2007), vacated. [See ILB entry here.] The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal. Attorneys for Querrey & Harrow; Robert Brown of Merrillville, IN and James Stamos and George Hoffman of Chicago, IL. Attorney for Sanders Pianowski, LLP; Edward Hearn of Highland, IN. Attorneys for Transcontinental Ins. Co.; Andrew Crosmer of Dyer, IN and Gary Grasso of Burr Ridge, IL.

9:45 AM - Emma McPeek v. Charles McCardle - McPeek sought a declaration that the marriage of her late mother to McCardle, which was licensed in Indiana but solemnized in the State of Ohio, was invalid. The Circuit Court of Ohio County, Indiana, dismissed the lawsuit after concluding that the marriage was voidable, not void, and could not be challenged by McPeek. The Court of Appeals affirmed, concluding that our statutes do not require that a marriage licensed in Indiana be solemnized in Indiana and, alternatively, that the alleged defect would not render the marriage void. McPeek v. McCardle, 866 N.E.2d 387 (Ind. Ct. App. May 17, 2007), vacated. [See ILB entry here.]The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal. Attorney for McPeek: Leanna Weissmann, Lawrenceburg, IN. Attorney for McCardle: Alison T. Frazier, Dupont, IN.

10:30 AM - Sergio Campos v. State - After a routine traffic stop, police found cocaine in the truck of a vehicle in which Campos was a passenger, and Campos was charged with dealing in cocaine. The Lake Superior Court denied Campos’s motion to suppress the cocaine and a recording of statements by Campos during the search. The Court of Appeals affirmed in Campos v. State, 867 N.E.2d 676 (Ind. Ct. App. June 7, 2007). Campos has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorney for Campos: Kathleen Sweeney, Indianapolis, IN. Attorney for State: Ann L. Goodwin, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

This Wednesday, Oct. 31st:

1:30 PM - Michael A. Linton, M.D., v. Lawanda Davis - Appellant, Dr. Linton, requests this court to decide three issues, raised as matters of first impression in Indiana: (1) Whether the trial court abused its discretion by admitting into evidence testimony regarding the proceedings and rulings of the Indiana Medical Licensing Board; (2) Whether the trial court abused its discretion by excluding from evidence the Indiana Medical Review Panel's statutory determination not to forward Dr. Linton's name to the Medical Licensing Board; and (3) Whether the trial court abused its discretion by disallowing Ivanka Prcevski (nurse Prcevski), called as a skilled lay witness pursuant to Ind. Evidence Rule 701, to testify about her interpretation of the baby's well-being during Davis' labor and delivery. The Scheduled Panel Members are: Judges Sharpnack, Riley and Kirsch. [Where: Indiana Supreme Court Courtroom.]

Webcasts will be available here.

This week's oral arguments before the Court of Appeals that will NOT be webcast (unless otherwise noted, arguments take place in the Indiana Court of Appeals Courtroom):

This Monday, Oct. 29th:

12:00 PM - Shafer & Freeman Lakes Conservation Corp. v. Justin Stichnoth - Justin Stichnoth and his wife filed a complaint alleging that the negligence of Shafer & Freeman Lakes Environmental Conservation Corporation caused the injuries that Justin sustained when he dove into Lake Shafer from his parent's dock and struck a dredge pipe that had been installed in the channel. Justin's parents and an engineering firm were later added as nonparties. At the close of trial, a jury assessed 50% fault to the Corporation. On appeal, the Corporation contends that the trial court (1) should have granted its summary judgment motion on the issue of whether Justin was a licensee when he dove into the lake; (2) should have granted the Corporation's request to hold separate trials on liability and damages; (3) should not have permitted an expert's testimony regarding Justin's earning capacity; and (4) should have allowed the Corporation to withdraw its nonparty defense. The Scheduled Panel Members are: Judges Najam, Mathias and Bradford. [Where: Moot Court Room of the Indiana University School of Law in Bloomington.]

This Tuesday, Oct. 30th:

1:00 PM - Andre Deshazier v. State of Indiana - Andre Deshazier was convicted of carrying a handgun without a license, a Class C felony, two counts of resisting law enforcement, a Class D felony and a Class A misdemeanor, and possession of marijuana, a Class A misdemeanor. He was sentenced to an aggregate sentence of twelve years. Deshazier appeals, contending the evidence was insufficient to convict him of carrying a handgun without a license; his sentence exceeds that allowed by statute for crimes committed in "an episode of criminal conduct"; and he was subjected to double jeopardy by being convicted and sentenced for two counts of resisting law enforcement. The Scheduled Panel Members are: Judges Kirsch, Robb and Barnes. [Where: Benton Central High School, Oxford, Indiana]

1:00 PM - Jet Credit Union vs. John V. Loudermilk, et al, - Jet Credit Union believed Loudermilk, a director and officer, committed acts of malfeasance and caused Jet financial losses. It did not allow Loudermilk to withdraw funds he had on deposit with Jet while it was trying to determine Loudermilk's financial liability. The trial court determined Jet could not withhold the money, and Jet released it. Loudermilk later sued Jet for criminal conversion and obtained summary judgment, which Jet appeals. The Scheduled Panel Members are: Judges Sharpnack, Bailey and May.

This Wednesday, Oct. 31st:

11:00 AM - Terrance A. Hood vs. State of Indiana - Terrance Hood seeks a reversal of his conviction for Voluntary Manslaughter, a Class A felony, contending that the State failed to rebut his evidence of self-defense. He also challenges the trial court's decision to impose an enhanced sentence of forty years for that crime, and to impose a consecutive sentence of six years for Carrying a Handgun Without a License, a Class C felony. The Scheduled Panel Members are: Judges Darden, Bailey and Robb. [Where: Shircliff Auditorium, Shircliff Humanities Building, Vincennes University, Vincennes, Indiana ]

This Friday, Nov. 2nd:

10:00 AM - Plaza Group Properties v. Spencer County Plan Commission - This appeal presents issues related to how and when a business can establish lawful conforming use status as a sexually oriented business. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Crone. [Where: Indiana Supreme Court Courtroom, but apparently not to be webcast]

Posted by Marcia Oddi on October 29, 2007 06:46 AM
Posted to Upcoming Oral Arguments