Monday, June 08, 2009
Ind. Decisions - Upcoming oral arguments this week and next [Updated]
This week's oral arguments before the Supreme Court (week of 6/8/09):
Thursday, June 11th
- 9:00 AM - Robert E. Money v. State of Indiana - In a "blind plea," Money pleaded guilty to a class A felony and to being an habitual offender. The Floyd Superior Court denied post-conviction relief on Money's claim that counsel had been ineffective for failing to advise Money he had not been eligible for an habitual offender enhancement. The Court of Appeals affirmed in an unpublished memorandum decision. Money has petitioned the Supreme Court to accept jurisdiction over the appeal. [Money v. State (Ind. Ct. App. Dec. 18, 2008)] [UPDATE: This oral argument has been canceled.]
- 9:45 AM - Suzanne Hamilton v. Richard W. Hamilton - Suzanne Hamilton filed an action in Indiana to enforce a Florida court order requiring Richard Hamilton to pay child support. The Vanderburgh Superior Court entered multiple orders that found Richard in contempt, but stayed the related jail sentence on condition Richard made child support payments in an amount less than that ordered by the Florida court. On Suzanne's appeal from such an order, the Court of Appeals affirmed, concluding the Superior Court had not modified the Florida child support order in violation of the Uniform Interstate Family Support Act and Richard was not in contempt of the Superior Court order. Hamilton v. Hamilton, 895 N.E.2d 397 (Ind. Ct. App. Oct. 29, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Next week's oral arguments before the Supreme Court (week of 6/15/09):
Next Tuesday, June 16th
- 9:00 AM - Gary Cmty. Sch. Corp. v. Lolita Roach-Walker - Lolita Roach-Walker slipped on the School's sidewalk and fell. After Roach-Walker presented her case to the jury, the School moved for a directed verdict on grounds it was entitled to immunity under the Indiana Tort Claims Act because the fall was caused by a temporary condition on a public thoroughfare resulting from weather. The Lake Superior Court denied the motion, and the jury returned a verdict for Roach-Walker. The Court of Appeals affirmed in a Not-for-Publication opinion: Gary Cmty. Sch. Corp. v. Roach-Walker, No. 45A05-0805-CV-275 (Ind. Ct. App. Dec. 31, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Ezra Bradshaw v. Gary Chandler - Following a car accident, Ezra Bradshaw filed a complaint against his own insurance company for underinsured motorist benefits. Over two years after the accident, Bradshaw amended his complaint against his own insurance company to add a claim for uninsured motorist benefits. The insurance company moved for summary judgment, arguing the amended complaint was barred by a two-year contractual limitation period. The trial court granted the motion, and the Court of Appeals affirmed, holding that neither the discovery rule nor Trial Rule 15(C) rendered Bradshaw’s amended complaint timely. The Not-for-Publicatiom opinion, Bradshaw v. Chandler, No. 49A05-0806-CV-363 (Ind. Ct. App., Dec. 31, 2008), has been vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 10:30 AM - State of Indiana v. Otho L. Lafayette - Lafayette was found guilty of rape and other charges at a jury trial in the Lake Superior Court. Citing Evidence Rule 404(B), the trial court allowed testimony from the victim of a rape Lafayette had previously committed. A divided Court of Appeals held that was reversible error. Lafayette v. State, 899 N.E.2d 736 (Ind. Ct. App., Jan. 23, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. See ILB summary of COA opinion here, 2nd case.
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 6/8/09):
Tuesday, June 9th
- 1:30 PM - Ruben Maldonado vs. State of Indiana - This is a post-conviction being appealed by appellant. Whether or not the post-conviction court was incorrect to find the evidence which was barred was covered by the Rape Shield Statute. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Barnes. [Where: Indiana Court of Appeals Courtroom -- WEBCAST]
Wednesday, June 10th
- 2:00 PM - Daniel Reed vs. State of Indiana - A jury convicted Daniel J. Reed, Jr., of class A felony dealing in methamphetamine; class D felony neglect of a dependent; and class A misdemeanor possession of marijuana. In this direct appeal, he raises the following issues: (1) that the State's initial dismissal of a class B felony dealing in methamphetamine charge and subsequent refiling of the charge as a class A felony violated his substantial rights and his right to a speedy trial; (2) that the trial court erred in admitting illegally-obtained evidence; and (3) that his sentence is inappropriate pursuant to Indiana Appellate Rule 7(B). The Scheduled Panel Members are: Judges Riley, Darden and Barnes. [Where: Indiana Court of Appeals Courtroom -- WEBCAST]
- None currently scheduled.
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
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 June 8, 2009 08:29 AM
Posted to Upcoming Oral Arguments