« Ind. Law - "Indiana executions at slowest pace in 15 years" | Main | Ind. Law - "It's the Law: Beware of 'sexting'" »
Monday, June 15, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/15/09):
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.
Next week's oral arguments before the Supreme Court (week of 6/22/09):
Next Thursday, June 25th
- 9:00 AM - Larry L. McGhee v. State of Indiana - After an investigating officer told Larry McGhee that sexual encounters with adult relatives are not against the law, McGhee confessed to one. The confession was admitted at trial, and McGhee was convicted of incest. The Court of Appeals reversed in McGhee v. State, 899 N.E.2d 35 (Ind. Ct. App. Dec. 29, 2008). The State has petitioned the Supreme Court to accept jurisdiction over the appeal. Here is the ILB summary (5th case) of the 2-1 COA opinion.
- 9:45 AM - Babes Showclub v. Patrick Lair - After a police officer allegedly was injured by an underage bar patron while responding to a complaint at Babes Showclub, the officer filed a complaint against the Showclub. The trial court denied the Showclub’s motion to dismiss the officer’s claims. On interlocutory appeal, the Court of Appeals reversed, holding that the officer’s claims were precluded by the Fireman’s Rule. Babes Showclub v. Lair, 901 N.E.2d 44 (Ind. Ct. App. Feb. 13, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Here is the ILB summary - 2nd case.
- 10:30 AM - Indiana Family & Social Services Administration v. Alice Meyer - The Alice Meyer Trust petitioned for judicial review from a decision of the Family & Social Services Administration ("FSSA"). After the Trust failed to transmit the agency record by the extended deadline established by the Ripley Circuit Court, the FSSA moved to dismiss the petition. The court denied the motion to dismiss, granted the Trust's motion to file a belated record, and ruled on the petition for review. The FSSA appealed the denial of its motion to dismiss. The Court of Appeals issued an opinion in which one judge voted to affirm, the second judge concurred in the result, and the third judge dissented. Indiana Fam. & Soc. Serv. Admin. v. Meyer, 900 N.E.2d 74 (Ind. Ct. App. Jan. 30, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Here is the ILB summary (2nd case) of the 2-1 decision with three opinions.
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 6/15/09):
- None currently scheduled.
- 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 15, 2009 08:20 AM
Posted to Upcoming Oral Arguments