Monday, October 12, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/12/09):
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.]
Next week's oral arguments before the Supreme Court (week of 10/19/09):
Next Thursday, October 22nd
- 9:00 AM - Gary D. Jackson v. State of Indiana - After an article about the case appeared in a local newspaper, the Jefferson Circuit Court granted the State's motion for mistrial. A new jury was impaneled and Jackson was convicted of battery resulting in serious bodily injury. The Court of Appeals reversed in Jackson v. State, 903 N.E.2d 542 (Ind. Ct. App. 3/31/2009), 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 2-1 opinion - 6th case.]
- 9:45 AM - Anthony Malenchik v. State - Malenchik pleaded guilty to a class D felony and was adjudged to be an habitual offender. The Tippecanoe Superior Court sentenced him to six years. The Court of Appeals affirmed. Malenchik v. State, No. 79A02-0902-CR-133 (Ind. Ct. App. Jun. 5, 2009) (unpublished mem. decision), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Relying on Rhodes v. State, 896 N.E.2d 1193, 1195 (Ind. Ct. App. 2008), trans. not sought, Malenchik argues the trial court abused its discretion by considering "scoring models" (in this case, the Level of Service Inventory-Revised ("LSIR") and Substance Abuse Subtle Screening Inventory ("SASSI")) in determining the sentence.
[Note: Here is the COA opinion. This is the case in which the Supreme Court called for amicus briefs on the use of scoring models, see ILB entry here. The briefs in the case have been collected and posted by the ILB, they are available here and here.]
- 10:30 AM - Travelers Indemnity Co. of America v. Jerry Jarrells - Following a jury verdict and judgment for Jarrells in his personal injury suit against a third-party tortfeasor, Travelers intervened and, based on worker's compensation benefits Travelers had paid for Jarrells, sought to enforce a statutory lien against that judgment, but the trial court denied Travelers relief and entered summary judgment for Jarrells. The Court of Appeals reversed and remanded with instructions to enter judgment for Travelers and determine the value of its lien. Travelers Indemnity Co. of American v. Jarrells, 906 N.E.2d 912 (Ind. Ct. App. 5/21/2009), 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 - 3rd case. This was a 2-1, three-opinion worker's compensation opinion.]
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 10/12/09):
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]
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]
Next week's oral arguments before the Court of Appeals (week of 10/19/09):
Next Monday, October 19th
- 1:00 PM - Brea Rice v. State of Indiana - Brea Rice was charged with possession of methamphetamine, a Class D felony, and possession of marijuana, a Class A misdemeanor, as a result of evidence discovered during execution of an arrest warrant for receiving stolen property. The arrest warrant was issued after police executing a search warrant at the residence Rice rented saw a motorcycle helmet in the garage that was later determined to be stolen. The trial court denied Rice's motion to suppress, finding that although the arrest warrant should not have been issued because there was no probable cause supporting it, the police conduct was not "sufficiently deliberate" such that exclusion of the evidence would have a deterrent effect, citing Herring v. United States, 129 S.Ct. 695 (2009). Rice appeals the denial of her motion to suppress. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb. [Where: Indiana State University, Hulman Memorial Student Union Building, Terre Haute, 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 12, 2009 09:17 AM
Posted to Upcoming Oral Arguments