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Monday, March 23, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/23/09):
- None currently scheduled
Next week's oral arguments before the Supreme Court (week of 3/30/09):
- None currently scheduled
This week's oral arguments before the Court of Appeals (week of 3/23/09):
This Tuesday, March 24th:
- 10:00 AM - David L. Reynolds, II, v. State of Indiana - Attorney Gregory L. Caldwell is ordered to appear at a hearing to SHOW CAUSE why he should not be held in contempt of this court for his disregard of the orders of this court. The Scheduled Panel Members are: Judges Vaidik, Crone and Sr. Judge Sharpnack. [Where: Court of Appeals Courtroom]
- 1:00 PM - Joseph Jaskolski, et al vs. Rick and Anna Daniels - In this interlocutory appeal, Joseph Jaskolski and the National Insurance Crime Bureau (NICB) appeal from the trial court's order denying their petition for certification of Jaskolski's status as a federal employee. Jaskolski and NICB sought certification of that status from the United States Attorney General pursuant to the Westfall Act, 28 U.S.C. sec. 2679. The Attorney General denied their request, and they appealed to the United States District Court for the Northern District of Indiana. That court affirmed the Attorney General's decision and remanded the case to the Lake Superior Court for further proceedings. Jaskolski and NICB renewed their request for certification in state court, the trial court denied it, and this appeal ensued. In response to the position of Jaskolski and the NICB, the Danielses argue, among other things, that this appeal is not properly before this Court. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Kirsch. [Where: Court of Appeals Courtroom - Webcast]
- 2:30 PM - Gregory S. Brown [sic] - In this interlocutory appeal, Gregory S. Brown appeals the order denying his motion to suppress evidence obtained upon execution of a search warrant at his home. Brown argues that the warrant was based on information from a "concerned citizen" whose credibility was not established at the probable cause hearing and, therefore, the court lacked probable cause for the warrant. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Kirsch. [Where: Court of Appeals Courtroom - Webcast]
This Thursday, March 26th:
- 10:00 AM - Brian Montgomery vs. State of Indiana - Brian Montgomery appeals his conviction of dealing in cocaine, a Class A felony, contending that the trial court erred in admitting evidence obtained by police during a warrantless search of his hotel room. Montgomery claims there was neither valid consent to the search nor exigent circumstances justifying the entry. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Indiana State University, Hulman Memorial Student Union Building, Terre Haute, Indiana]
- 1:30 PM - Cameron Swartzentruber vs. State of Indiana - Appellant was driving a pickup on a county road in rural Daviess County when his truck struck the reaf of a horse drawn buggy, causing the death of one person and injuries to four other. He is appealing his sentence. The Scheduled Panel Members are: Chief Judge Baker, Judges Bradford and Brown. [Where: Court of Appeals Courtroom - Webcast]
Next Tuesday, March 31st:
- 2:00 PM - Jim and Carol Daily vs. City of Columbus, Board of Zoning Appeals - Jim and Carol Daily ("the Dailys") appeal from the trial court's order affirming the City of Columbus Board of Zoning Appeals' ("the BZA") denial of the Dailys' temporary use application for a farmers market on their 2.1-acre lot in Columbus, Indiana in their action for a petition for writ of certiorari and complaint for declaratory judgment. The Dailys appeal, arguing that the trial court erred: (1) by concluding that the creation of the Dailys' lot in 1973 violates the current City of Columbus Zoning Ordinance; and (2) in concluding that the Dailys' lot lacks the attribute of "access and frontage" under the current City of Columbus Zoning Ordinance. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Kirsch. [Where: Court of Appeals Courtroom - Webcast]
- 5:00 PM - Rosalynn West vs. Betty Wadlington, et al - Plaintiff Rosalynn West sued her fellow churchgoers, Betty Wadlington and Jeanette Larkins, and Larkins' employer, the City of Indianapolis, claiming defamation and invasion of privacy. West's complaint stems from a letter about West that Wadlington wrote and addressed to their church board of trustees and board of deacons. Wadlington included this letter in an email she sent to Larkins at her work email address. Larkins, using her work email, then forwarded the email on to over eighty other email addresses. Some of the allegedly defamatory language used in the letter had religious connotations. The Defendants filed a motion to dismiss West's complaint for lack of subject matter jurisdiction, arguing that the Free Exercise clause of the First Amendment prevented the court from determining whether the statements in the email were defamatory or false. The trial court granted the motion to dismiss, and West appeals. The main issue on appeal is whether the Free Exercise clause of the First Amendment prevented the trial court from hearing West's claims. The Scheduled Panel Members are: Judges Bailey, Mathias and Barnes [Where: Wynne Courtroom, Indiana University School of Law - Indianapolis]
Next Wednesday, April 1st:
- 2:00 PM - Jay B. Stokes vs. State of Indiana - [Further information currently not available from COA site]
Posted by Marcia Oddi on March 23, 2009 07:48 AM
Posted to Upcoming Oral Arguments