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Monday, February 23, 2009

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court:

This Thursday, Feb. 26th:

9:00 AM - James Kohlmeyer v. Second Injury Fund - The Worker's Compensation Board denied Kohlmeyer's application for compensation from the Second Injury Fund. The Court of Appeals affirmed, holding the threshold amount of benefits required to reach the Second Injury Fund must be met by considering only Worker's Compensation benefits, not Social Security disability benefits. Kohlmeyer v. Second Injury Fund, 888 N.E.2d 281 (Ind. Ct. App. 6-10-2008), reh'g denied, vacated. [See ILB summary here.] The Court of Appeals also concluded the stipulation signed by Kohlmeyer and his employer and approved by the Board did not guarantee Kohlmeyer would be eligible for compensation from the Second Injury Fund. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over this appeal.

9:45 AM - Rudrappa Gunashekar v. Kay Grose - Kay Grose filed a complaint against the Gunashekars. The Gunashekars' attorney withdrew. They later filed a motion to continue the trial, which the court denied. Following the trial, the court entered a judgment for Grose. The Court of Appeals concluded the trial court had abused its discretion in denying the motion to continue and reversed and remanded for a new trial. Gunashekar v. Grose, No. 02A03-0712-CV-614 (Ind. Ct. App. August 12, 2008), vacated. [See ILB entry here.] The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.

10:30 AM - Jeffrey Treadway v. State of Indiana - A jury convicted Treadway of murder, robbery and battery, and following the jury's recommendation, the Marion Superior Court sentenced him to life imprisonment without parole. In this direct appeal of the conviction and sentence, Treadway raises several issues concerning the evidence and the manner in which the trial was conducted.

This Friday, Feb. 27th:

9:00 AM - Ian J. Clark v. State of Indiana - A jury found Clark guilty of the murder of a two-year-old child, and following the jury's recommendation, the Kosciusko Circuit Court sentenced Clark to life imprisonment without parole. In this direct appeal of the conviction and sentence, Clark raises several issues concerning the conduct of the prosecutor and the manner in which the trial was conducted.

9:45 AM - Lawrence and Judy Lynn Gunkel v. Renovations, Inc. - Plaintiffs allege construction defects caused water damage in their new house. The trial court denied plaintiffs' motion to amend their complaint, dismissed plaintiffs' negligence claims, and entered net judgment in favor of the defendant contractor. The Court of Appeals affirmed in part and reversed in part in an unpublished memorandum decision. See Gunkel v. Renovations, Inc., 76A03-0609-CV-407 (Ind. Ct. App. January 27, 2008), vacated. [See ILB entry here - the "litigation hell" case.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

10:30 AM - R.Y. v. Indiana Department of Child Services - The Marion Superior Court terminated the parental rights of a mother, and the Court of Appeals affirmed in an unpublished memorandum decision. The mother has petitioned the Supreme Court to accept jurisdiction over the appeal, arguing that the evidence is insufficient to support the termination. [Here is the 10-31-09 COA opinion in The Invol. Term. of G.Y.; R.Y. (mother) v. Marion Co. Dept. of Child Svcs. (NFP).

Next week's oral arguments before the Supreme Court:

Next Thursday, March 5th:

9:00 AM - James H. Helton, Jr. v. State of Indiana -

Helton pleaded guilty to possession of methamphetamine with intent to deliver, a class A felony. The Elkhart Superior Court denied post-conviction relief. The Court of Appeals reversed, finding that Helton had been denied the effective assistance of trial counsel as a matter of law with respect to the failure to file a motion to suppress evidence. Helton v. State, 886 N.E.2d 107 (Ind. Ct. App. 5-16-2008), vacated. [See ILB summary here.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

Webcasts will be available here.
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This week's oral arguments before the Court of Appeals that will be webcast:*

This Tuesday, Feb. 24th:

1:00 PM - Demetrick D. Shepherd vs. State of Indiana - Shepherd was convicted after a jury trial of the murder and rape of a fourteen-year-old girl and burglary on the residence where these crimes occurred. The trial court ordered the sentences for each conviction to be served consecutively for an aggregate sentence of ninety years. Shepherd appeals arguing that: (1) the trial court committed reversible error by admitting evidence of prior bad conduct in violation of Ind. Evidence Rule 404(b); and (2) the aggregate ninety-year sentence is inappropriate in light of the nature of the offense and the character of the offender.The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Kirsch. [Where: Indiana Court of Appeals Courtroom]

2:15 PM - Board of Commissioners of Hendricks County, Indiana, et al vs. Town of Plainfield, Indiana, et al - This appeal originates from an amended complaint for declaratory relief and refund of fees filed by Daum LLC, Daum Trucking, Inc., and Robert Daum (collectively, "Daum") against Town of Plainfield, Indiana, Town of Plainfield Town Council, Town of Plainfield Stormwater and Management Department (collectively, "Plainfield") and the Board of Commissioners of Hendricks County ("Hendricks County"). Two overlapping ordinances, passed by the two separate entities of Plainfield and Hendricks County, exercised jurisdiction over Daum's property. Daum asserted that Plainfield's ordinance was invalid and, therefore, storm water fees imposed thereunder were invalid. Following cross-motions for summary judgment, the trial court declared that Plainfield's ordinance governed and granted summary judgment in favor of Plainfield. Daum and Hendricks County appeal, raising the following consolidated and restated issue: Whether the trial court erred in finding Plainfield's ordinance was valid, lawful, proper, constitutional, and enforceable pursuant to Plainfield's legislative authority and police powers and its statutory authority. The Scheduled Panel Members are: Judges Najam, Kirsch and Bailey. [Where: Indiana Court of Appeals Courtroom]

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

This Wednesday, Feb. 25th:

1:25 PM - Fort Wayne Patrolmen's Benevolent Association vs. The City of Fort Wayne, Indiana - Appellant's-Plaintiff's Fort Wayne Patrolmen's Benevolent Association, Inc. and Fort Wayne Police Officer Michaeline Jones appeal the trial court's order denying their motion for summary judgment and granting Appellee-Defendant City of Fort Wayne's motion for summary judgment. The Appellants contend that the trial court erred in finding that Indiana Code section 36-8-4-5(a) (2006) did not require the City of Fort Wayne to reimburse Officer Jones for injuries sustained in an accident involving her take-home vehicle which she was operating in accordance with the City's Home Fleet Vehicle Program. The Appellant's also contend that the trial court erred in finding that the parties' Collective Bargaining Agreement did not require the City to reimburse Officer Jones for her injuries. The Scheduled Panel Members are: Judges Bailey, Mathias and Bradford. [Where: Lawrence North High School, Indianapolis, Indiana ]

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

None scheduled.

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

Next Tuesday, March 3th:

3:00 PM - Indiana Patient's Compensation Fund v. Gary Patrick - This is an appeal from the trial court's entry of judgment in favor of a father after witnessing the death of his adult son. The issue on appeal is whether the trial court erred in denying PCF's Motion For Summary Judgment and awarding emotional distress damages to father where (a) such damages are not recoverable under the Adult Wrongful Death Act and (b) father does not have an "independent claim" under the Medical Malpractice Act for the emotional distress he alleges he incurred as a result of the malpractice in the treatment of his son. The Scheduled Panel Members are: Judges Riley, May and Robb. [Where: Baxter Hall, Campus of Wabash College, 301 Wabash Avenue, Crawfordsville, Indiana]

Next Thursday, March 5th:

1:00 PM - Bruce C. Scalambrino, et al vs. Town of Michiana Shores, et al - Appellants-Plaintiffs filed suit against the Town of Michiana Shores, several individual defendants, and T-Mobile regarding a lease between the Town and T-Mobile allowing erection of a cell phone tower on Town property. Appellants-Plaintiffs sought a temporary restraining order, preliminary injunction, declaratory judgment, and permanent injunction against the lease. Appellants-Plaintiffs appeal the trial court's grant of summary judgment to the Defendants, contending there are genuine issues of material fact regarding whether the lease violates Town zoning ordinances, whether purported amendments to the zoning ordinances were properly adopted, and whether the amendments constitute illegal spot zoning. The Scheduled Panel Members are: Judges Riley, Robb and Barnes. [Where: Hammond City Hall, City Council Chambers, 5925 Calumet Avenue, Hammond, Indiana]
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* ILB note: As of now, the 2009 COA webcasts, both live and archived, may be accessed here.

Posted by Marcia Oddi on February 23, 2009 06:26 AM
Posted to Upcoming Oral Arguments