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Wednesday, November 14, 2007

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Wednesday, Nov. 14th:

9:30 AM - State v. Cheryl Oddi-Smith - The Marion Superior Court dismissed charges against Oddi-Smith on grounds the arresting officer, who had been sworn as an officer in the former Indianapolis Police Department, had not been re-sworn as a police officer for the newly-formed Indianapolis Metropolitan Police Department. The Supreme Court has granted a motion to consider the case on an expedited basis pursuant to Appellate Rule 56(A), and has assumed jurisdiction over the appeal. Attorney for State: Cynthia Ploughe, Indianapolis, IN. Attorneys for Oddi-Smith: James Voyles, Indianapolis, IN; Annie Fierek, Brownsburg, IN. Attorney for Amicus CuriaeIndianapolis Metro. Police Dep’t. : Lakshmi Hasanadka, Indianapolis, IN .

10:15 AM - Michelle Gauvin v. State - Appellant pleaded guilty to the murder of a four-year-old child, among other offenses, and was sentenced by the Tippecanoe Superior Court to life imprisonment without parole. In this direct appeal, Appellant raises issues with respect to the aggravating and mitigating circumstances and the sentence. Attorney for Gauvin: Kevin O’Reilly, Lafayette, IN. Attorney for State: Stephen Creason, Indianapolis, IN.

This Thursday, Nov. 15th:

9:00 AM - Speedway Superamerica LLC v. Gerald Holmes - Holmes filed a complaint for damages against Speedway Superamerica, alleging he slipped and fell in diesel fuel. The Lake Circuit Court entered judgment on a jury verdict for Holmes. Thereafter, Speedway filed several post-trial motions relating to a belatedly disclosed pair of jeans that was admitted in evidence. The trial court denied all of Speedway's motions. The Court of Appeals affirmed. Speedway Superamerica LLC v. Holmes, 866 N.E.2d 304 (Ind. Ct. App. May 14, 2007) [See ILB summary of the 2-1 COA opinion here - 2nd case]. Speedway has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorneys for Speedway Superamerica: Peter J. Rusthoven, Joseph G. Easton, Paul L. Jefferson, Indianapolis, IN. Attorneys for Amicus Curiae Defense Trial Counsel of Indiana: Kevin C. Schiferl, Lucy R. Dollens, Indianapolis, IN. James D. Johnson, Evansville, IN. Attorneys for Gerald and Madeline Holmes: Robert J. Palmer, Mishawaka, IN; Steven T. Parkman, South Bend, IN; Richard L. LaSalvia. South Bend, IN.

9:45 AM - Theron Hunter v. State - The terms of Hunter’s probation specified that he was never to be alone with or have contact with any person under a certain age. The Ripley Circuit Court found that Hunter violated the terms of probation and ordered him to serve the entire suspended sentence. The Court of Appeals affirmed in an unpublished memorandum decision, Hunter v. State, No. 69A01-0702-CR-61, slip op. (Ind. Ct. App. June 21, 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Hunter: Leanne Weissmann, Lawrenceburg, IN. Attorney for State: Cynthia L. Ploughe, Indianapolis, IN.

Webcasts will be available here.


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

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Friday, Nov. 16th:

3:00 PM - Cynthia Ogle vs. East Allen Community Schools - Cynthia Ogle was treated for Common Variable Immune Disease (CVID) using intravenous immunoglobulin replacement therapy. Her employer, the School, paid for the treatments through its self-funded benefit plan. The plan administrator's independent medical reviewers determined the treatment was not medically necessary, and the plan stopped paying. Ogle sued and the trial court granted summary judgment for the School. On appeal, Ogle argues there are fact questions as to whether the plan's definition of medical necessity is ambiguous, whether the reviewers found the treatments medically unnecessary, whether the reviewers had a conflict of interest, whether the use of the independent reviewers violates the School's duty of good faith, and whether the policy language allows the School too much discretion in denying claims. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Robb. [Where: French Lick Resort, French Lick, Indiana]

Posted by Marcia Oddi on November 14, 2007 07:15 AM
Posted to Upcoming Oral Arguments