Monday, March 02, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court:
This 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.
9:45 AM - Thomas Williams v. Kelly Tharp - Plaintiffs filed a complaint against Papa John's restaurant and its employee, alleging defamation, false imprisonment, intentional infliction of emotional distress and other claims. A Papa John's employee reported one of the plaintiffs had "pulled out a gun" while in the restaurant, but police found no gun. The Hamilton Circuit Court entered summary judgment for the employee and Papa John's. The Court of Appeals reversed. Williams v. Tharp, 889 N.E.2d 870 (Ind. Ct. App. 7-/11/2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of 7/11/08 COA opinion here. Here is a list of earlier ILB entries on this case, including several press stories.]
Next week's oral arguments before the Supreme Court:
None currently scheduled.
Webcasts will be available here.
This week's oral arguments before the Court of Appeals that will be webcast:
This week's oral arguments before the Court of Appeals that will NOT be webcast:
This 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]
This 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]
Next week's oral arguments before the Court of Appeals that will be webcast:
Next Wednesday, March 11th:
1:30 PM - Wymberley Sanitary Works, Inc. v. Earl L. Batliner, et al - Appellant, Wymberley Sanitary Works, signed a contract to provide sewer service to two new residential subdivisions in Floyd County. It selected a route for its sewer lines that crossed four parcels of private property, and it sought to take easements by eminent domain when offers to purchase the easements failed. The trial court dismissed Wymberley's complaint. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Crone. [Where: Indiana Supreme Court Courtroom]
Next week's oral arguments before the Court of Appeals that will NOT be webcast:
None currently scheduled
* ILB note: As of now, the 2009 COA webcasts, both live and archived, may be accessed here.
Posted by Marcia Oddi on March 2, 2009 06:18 AM
Posted to Upcoming Oral Arguments