Monday, April 27, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/27/09):
Thursday, April 30th
- 9:00 AM - Juan C. Lucio v. State of Indiana - Lucio was convicted on two counts of murder and one count of conspiracy to commit murder. The jury recommended a sentence of life without the possibility of parole, and the Hamilton Superior Court sentenced him accordingly. In this direct appeal, Lucio argues the trial court should have declared a mistrial after a State's witness violated a motion in limine.
Next week's oral arguments before the Supreme Court (week of 5/4/09):
- None currently scheduled.
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 4/27/09):
- None currently scheduled.
Tuesday, May 5th:
- 1:30 PM - Eric Dowdell vs. City of Jeffersonville - Whether Jeffersonville can enforce an ordinance prohibiting all persons defined as sex offenders from ever having unrestricted access to their parks. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Barnes. [Where: Court of Appeals Courtroom - Webcast (which will be accessible here)]
Wednesday, May 6th:
- 3:00 PM - U.S. Bank, NA vs. Integrity Land Title Corporation & Michael Davidson - During the course of a February 2006 real estate transaction, Integrity Land Title Corp. contracted with a third party to perform a title search, which failed to report the existence of a 1998 judgment lien against the title holder. Southern National Title Insurance Company issued a title insurance policy to the mortgage holder, which subsequently assigned the mortgage to U.S. Bank, NA. In August 2006, the judgment creditor filed a complaint to enforce and foreclose the judgment lien against the real estate. In February 2008, the trial court granted summary judgment in favor of the judgment creditor, leaving U.S. Bank's mortgage completely unsecured. In December 2007, U.S. Bank filed suit against Integrity and Southern National, which has since been liquidated, alleging contract and tort theories of liability. U.S. Bank and Integrity filed cross motions for summary judgment. On September 2, 2008, the trial court denied U.S. Bank's motion and granted Integrity's motion. On September 26, 2008, U.S. Bank filed a motion to correct error pursuant to Indiana Trial Rule 59 and a motion for relief from judgment pursuant to Indiana Trial Rule 60 based on newly discovered evidence of alleged misrepresentations made by Integrity's president. In support of its motions, U.S. Bank attached an affidavit from its counsel and a deposition of Integrity's president. Integrity filed a statement in opposition and a motion to strike the affidavit and the deposition. On October 20, 2008, the trial court denied U.S. Bank's motions and granted Integrity's motion to strike. On appeal, U.S. Bank challenges the trial court's granting of Integrity's motion to strike and its determination that Integrity owed no duty to U.S. Bank either in contract or in tort. The Scheduled Panel Members are: Judges Robb, May and Crone. [Where: Vienna Ballroom, Conrad Hotel, 50 W. Washington Street, Indianapolis]
- 1:30 PM - Columbus Medical Services vs. Liberty Healthcare Corporation - Appellant, Columbus Medical Services, appeals the judgment entered in favor of Appellee, Liberty Healthcare Corporation, awarding Appellee attorney fees and costs. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Crone. [Where: Court of Appeals Courtroom - Webcast (which will be accessible here)]
- 10:00 AM - Edward Rose of Indiana vs. Metropolitan Board of Zoning Appeals, et al - Edward Rose of Indiana, LLC filed a variance of development standards petition requesting a variance to legally establish an identification/informational pole sign that already existed on its property. The Metropolitan Board of Zoning Appeals denied the petition for failure to meet the burden of proof as to the three statutory criteria found in Indiana Code section 36-7-4-918.5(a). Edward Rose appealed the BZA's decision to the trial court, which held that Edward Rose had satisfied two of the three statutory criteria but had failed to prove the third. Edward Rose appeals the trial court's finding that it had failed to prove that strict application of the zoning ordinance would "result in practical difficulties in the use of the property." The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb. [Where: Richardson Chapel, on the campus of Franklin College, 101 Branigan Boulevard, Franklin, Indiana,]
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on April 27, 2009 09:48 AM
Posted to Upcoming Oral Arguments