Monday, October 05, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/5/09):
Thursday, October 8th
- 9:00 AM - Giovanoni v. Review Bd. of Ind. Dep't of Workforce Dev. and Beckingham v. Review Bd. of Ind. Dep't of Workforce - Both of these appeals involve claimants' eligibility for unemployment benefits following termination of employment for violation of no-fault attendance policies. The Unemployment Insurance Review Board denied the claimants' applications in both of these cases. A divided panel of the Court of Appeals reversed the Board's denial of benefits to Giovanoni, holding he was not terminated for just cause and therefore eligible for benefits. Giovanoni v. Review Bd. of Ind. Dep't of Workforce Dev., 900 N.E.2d 437 (Ind. Ct. App. 1/29/2008), vacated. A different Court of Appeals panel, also divided, affirmed the denial of benefits to Beckingham, holding she was discharged for just cause and therefore not entitled to benefits. Beckingham v. Review Bd. of Ind. Dep't of Workforce Dev., 903 N.E.2d 477 (Ind. Ct. App. 3/20/2009), vacated. The Supreme Court has granted petitions to transfer in both cases and has assumed jurisdiction over the appeals. The Court will hold a forty (40) minute combined oral argument for the two cases, but otherwise has not consolidated the appeals.
[Note: Here is the ILB summary of the 2-1 COA opinion in Beckingham - 4th case; here is the 2-1 opinion in Giovanoni - 3rd case.]
- 9:45 AM - Jimmie C. Smith v. Champion Trucking Co., Inc. - Jimmie Smith was driving a truck in the course of his employment with Champion Trucking when he was struck by another motorist and injured. Jimmie received medical benefits from Champion and then simultaneously pursued additional worker's compensation benefits and a claim against the third-party tortfeasor. After Smith settled his claim against the third-party, the hearing officer granted Champion's motion to dismiss Smith's worker's compensation claim. The Worker's Compensation Board affirmed. The Court of Appeals reversed and remanded. Smith v. Champion Trucking Co., Inc., 901 N.E.2d 620 (Ind. Ct. App. 6/17/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[Note: Here is the ILB summary of the COA opinion - 2nd case.]
- 10:30 AM - Vanessa Thompson v. State of Indiana - In denying post-conviction relief, the Marion Superior Court rejected Appellant's claim that she was entitled to a new trial because the State had withheld evidence contrary to Brady v. Maryland, two witnesses had testified untruthfully, and Appellant received ineffective assistance of counsel. The Court of Appeals affirmed in Thompson v. State, 4/16/2009, an unpublished Memorandum Decision. Appellant has petitioned the Supreme Court to accept jurisdiction over the appeal.
Next week's oral arguments before the Supreme Court (week of 10/12/09):
Next Thursday, October 15th
- 9:00 AM - The Kroger Co. v. Lu Ann B. Plonski - Plonski sued Kroger for negligence afer she was assaulted in the store's parking lot by an unknown assailant. The trial court struck some of Kroger's designated evidence and then denied Kroger's summary judgment motion. The Court of Appeals affirmed on interlocutory appeal, holding Kroger's duty was well-settled and that material issues of fact remained regarding breach and proximate cause. Kroger Co. v. Plonski, 906 N.E.2d 448 (Ind. Ct. App. 4/28/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Gina Johnson v. Robert C. Johnson - The LaPorte Superior Court entered a dissolution decree incorporating the parties' property settlement agreement, which required Robert to make installment payments to Gina in exchange for sole ownership of the parties' real property. Thereafter, Robert filed a motion for declaratory relief relating to the priority of liens on the property. The court entered an order stating any existing judgment lien held by Gina is subordinate to a bank's lien securing an annual line of credit for farming operations. The Court of Appeals affirmed, concluding the order did not constitute an improper modification of the property settlement agreement. Johnson v. Johnson, 902 N.E.2d 830 (Ind. Ct. App. 3/4/2009), vacated. The Supreme Court has granted a petition to transfer the case and assumed jurisdiction over the appeal.
[Note: Here is the ILB summary of the COA opinion.]
- 10:30 AM - Reynaldo Griffin v. State of Indiana - Griffin was arrested in possession of cocaine near a school. A St. Joseph Superior Court jury found him guilty of the enhanced Class B offense, possession of cocaine within 1,000 feet of a school, thus rejecting his defense that he was only briefly near the school and no children were present. See Ind. Code § 35-48-4-16. A divided Court of Appeals determined the evidence was sufficient to support the enhancement and affirmed in Griffin v. State, 905 N.E.2d 521 (Ind. Ct. App. 5/7/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Note: Here is the ILB summary of the COA opinion - 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 10/5/09):
Monday, October 5th
- 2:00 PM - Newland Resources, LLC., v. The Branham Corporation - Newland Resources, LLC entered into an agreement with The Branham Corporation under which Branham was obligated to provide assistance to Newland in the negotiation of contracts with the City of Indianapolis and the Indianapolis Water Company for the sale of water and acceptance of sewage flow from an area serviced by Boone County Utilities, LLC, a wholly-owned utility operating company formed by Newland to provide water and sewer utilities. The agreement also included provisions for a success fee payable to Branham in the event Boone County Utilities was sold to a third party under certain conditions. Newland appeals from a jury verdict in favor of Branham for $397,853.92 on Branham's complaint for breach of contract against Newland for payment of the success fee. In addition to numerous allegations of procedural errors, both Newland and Branham challenge the interpretation of the contractual provisions triggering the entitlement to and calculation of the success fee. The Scheduled Panel Members are: Judges Friedlander, Najam and Vaidik. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, October 6th
- 11:00 AM - Jeremy D. Simpson v. State of Indiana - A jury convicted Jeremy Simpson of voluntary manslaughter and criminal recklessness. On appeal, Simpson raises three issues: (1) that the State failed to rebut his self-defense claim; (2) that the trial court erred in refusing to recall a State's witness after defense counsel discovered that he had written a letter to the trial court requesting a modification of his sentence in another case and expressing concern for his safety; and (3) that the trial court erred in refusing one of his final jury instructions regarding the presumption of innocence. The Scheduled Panel Members are: Chief Judge Baker, Judges Crone and Bradford. [Where: Indiana Wesleyan University, Marion Campus, Marion, Indiana]
Wednesday, October 7th
- 1:30 PM - Michael Greer and John Maggi v. Edwin G. Buss, Commissioner of the Indiana Department of Corrections, et al. - THIS ORAL ARGUMENT HAS BEEN CANCELLED AND WILL BE RESCHEDULED AT A LATER DATE
- 2:30 PM - Dustin Neff v. State of Indiana - In this appeal from the Hamilton Superior Court, Dustin Neff appeals his conviction for one count of Class C felony child solicitation. Neff contends there is insufficient evidence that he committed the offense as charged. He also argues that the State failed to prove venue in Hamilton County where Neff, located in Madison County, chatted online with an individual in Georgia who was posing as a twelve-year-old girl, and Neff drove to a prearranged meeting place in Hamilton County. The Scheduled Panel Members are: Judges Barnes, Crone and Bradford. [Where: Indiana University, South Bend]
Next week's oral arguments before the Court of Appeals (week of 10/12/09):
Next Tuesday, October 13th
- 10:00 AM - George A. Scott v. Malissa Elizabeth Retz, R.N. and Indiana University - George Scott, a Clarian Health Partners' Safety and Security investigator, was stuck by an uncapped used syringe while investigating missing narcotics at Indiana University Hospital. He sued Malissa Retz, R.N., for negligence and Indiana University ("IU") for negligence, respondeat superior, and negligent retention. Retz and IU both filed motions for summary judgment. The trial court granted Scott's motion to strike an allegedly hearsay statement from an affidavit IU designated in support of its motion, but also granted both Retz's and IU's motions for summary judgment as to all Scott's claims. Scott appeals the trial court's grant of summary judgment to Retz and IU; IU cross-appeals the striking of part of its affidavit. The Scheduled Panel Members are: Judges Bailey, Robb and Crone. [Where: DePauw University at The Walden Inn and Conference Center, Greencastle, Indiana] [See story here from DePauw University News]
Next Wednesday, October 14th
- 1:30 PM - Thomas P. Donovan v. Grand Victoria Casino & Resort, L.P. - After being excluded from the casino because he was "counting cards" at blackjack, Thomas Donovan sued Grand Victoria Casino & Resort, L.P., claiming breach of an implied contract. The trial court granted the casino's motion for summary judgment. On appeal of that order, Donovan argues that Indiana law requires the casino to permit him to play blackjack there. Grand Victoria disagrees and asserts that, as a privately owned entity, it is free to decline Donovan's business for "any reason or no reason at all." The Scheduled Panel Members are: Judges Najam, Kirsch and Bailey. [Where: Indiana University Southeast, New Albany, 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 October 5, 2009 07:50 AM
Posted to Upcoming Oral Arguments