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Monday, April 07, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

None scheduled.

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

This Monday, April 7th:

10:00 AM - Gladys E. Tobias vs. Margaret & Thomas Mannella - Gladys Tobias and Margaret Mannella entered into a lease under which Tobias agreed to rent property that the Margaret and Thomas Mannella were in the process of purchasing. Several years after entering into this agreement, the Mannellas initiated a suit to evict Tobias from the property. The trial court entered an order granting possession to the Mannellas, who subsequently sold the property at a considerable profit. At the subsequent hearing on damages, Tobias claimed that she had an oral agreement with the Mannellas under which Tobias was the true owner of the property, and that the lease was a sham agreement. The trial court rejected this argument, finding that the written lease defined the party's relationship and obligations. The trial court found that Tobias had been paying rent in excess of the amount indicated in the lease, and awarded her a judgment in the amount that she had exceeded her obligation under the lease. Tobias appeals the trial court's judgment arguing that the trial court should also have awarded her damages for the profit made on the property's sale. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Lake County Superior Court, Civil Division 1 Courtroom, Hammond, Indiana]

This Tuesday, April 8th:

10:00 AM - Victor Vega Torres vs. State of Indiana - Torres pled guilty to child molesting, a Class C felony, and was sentenced to eight years, with two years suspended, at the Department of Correction. Torres appeals, contending that his enhanced sentence is inappropriate primarily because he pled guilty and admitted responsibility for his crime and he has a significant history of mental illness. The Scheduled Panel Members are: Judges Friedlander, Robb and Bradford. [Where: Ivy Hall at Ivy Tech, Lafayette, Indiana]

2:00 PM - W. Houser Canter v. City of New Albany - Houser Canter applied for a building permit and for a conditional use permit, but placed a manufactured home in New Albany without receiving either. After a hearing, New Albany's Board of Zoning Appeals denied his application for a conditional use. The Floyd Circuit Court affirmed the BZA's denial. Canter now appeals, raising a series of constitutional, statutory and common law issues, as well as seeking damages and attorney fees for inverse condemnation and deprivation of a federal property right. The Scheduled Panel Member are: Judges Najam, Bailey and Crone. [Where: Indiana Court of Appeals Courtroom]

5:00 PM - Thomas Williams and Sanford Kelsey v. Kelly E. Tharp and Papa Johns USA, Inc. - Two men went to a Papa John's restaurant in Westfield to pick up a pizza they had ordered. An employee falsely reported one of the men pulled a gun. A number of police officers surrounded the men's vehicle when they returned home with the pizza. Police detained the men, in handcuffs and on their knees, for an hour and a half while they investigated. The men sued Papa John's and its employee for defamation, false imprisonment, negligence, and intentional infliction of emotional distress. The trial court excluded evidence the men offered in the form of the police in-car video recording and some statements by a police officer. It then granted summary judgment for Papa John's and the employee on the grounds the complaint included no defamatory statement; the employee's statement was privileged; and the employee did not act intentionally or in an extreme and outrageous manner. The Scheduled Panel Members are: Judges Kirsch, Riley and May. [Where: IU-School of Law, Indianapolis, Indiana]

This Wednesday, April 9th:

12:30 PM - Charles Sweeney vs. State of Indiana - After his counsel erroneously advised him that he had a use immunity agreement with a prosecutor, Charles Sweeney divulged the location of the body of murder victim Daniel Guthrie. Sweeney's statements were used against him, he was convicted of murder, and sentenced to sixty years imprisonment. His conviction was affirmed on direct appeal and he was denied federal habeas corpus relief. He now seeks post-conviction relief, alleging ineffectiveness of appellate counsel. The Scheduled Panel Members are: Judges Bailey, May and Bradford. [Where: Indiana University-Southeast, New Albany, Indiana]

5:30 PM - Indiana Department of Natural Resources vs. Lake George Cottagers Association - The Lake George Cottagers Association obtained a judgment that the State owns the real estate underneath a dam and is therefore responsible for repairing it. The State argues on appeal it is not the owner because a statute declaring the State holds in trust all public freshwater lakes for the benefit of the citizens of Indiana gives the State only limited control over the lakes to regulate public access, and both the Association and the State have behaved since the time the land was deeded to the Association as if the Association owned the Dam. The Scheduled Panel Members are: Judges Bailey, May and Bradford. [Where: Sherman Minton Inns of Court, Kye's I, 500 Missouri Avenue, Jeffersonville, Indiana]

Posted by Marcia Oddi on April 7, 2008 05:00 AM
Posted to Upcoming Oral Arguments