Monday, October 19, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/19/09):
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 Jun. 5, 2009) (unpublished mem.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.]
Next week's oral arguments before the Supreme Court (week of 10/26/09):
Thursday, October 29th
- 9:00 AM - Everett Cash Mutual Insurance Co. v. Rick Taylor, et al. - The Taylors filed an action against their insurance company, alleging breach of contract and estoppel, after the insurance company denied coverage with respect to a claim made against the Taylors by a third party under a provision of the Workers Compensation Act. The trial court denied the insurance company's motion for summary judgment, but the Court of Appeals reversed, holding that a contractual exclusion applied and the insurance company was not estopped from denying coverage. Everett Cash Mut. Ins. Co. v. Taylor, 904 N.E.2d 276 (Ind. Ct. App. 4/8/2009), 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 - 2nd case.]
- 9:45 AM - Foundations of East Chicago v. City of East Chicago and the Attorney General of Indiana - The Foundations, the successor to two non-profit entities that were recipients of funding under a local development agreement, brought suit after the City redirected to itself certain riverboat casino revenues that had been directed to the Foundations. The trial court entered final judgment in favor of the City, and the Court of Appeals affirmed. Foundations of East Chicago v. City of East Chicago, 905 N.E.2d 30 (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.
[Note: Here is the ILB summary of the COA 2-1 ruling, with 3 separate opinions. The ILB began its entry "Well, it could have been a pretty spectacular ruling, coming on the next to last day of the session, and addressing the issue of the constitutionality of non-related legislation inserted into the budget bill. But it was not to be."]
- 10:30 AM - Belterra Resort In., LLC v. Indiana Department of Revenue - The Department of State Revenue proposed a use tax assessment on Belterra's acquisition of a riverboat from its parent corporation, which had not paid state sales tax on its original acquisition of the riverboat in Alabama. On Belterra's appeal, the Tax Court held that Belterra's acquisition of the riverboat was not subject to Indiana's use tax. Belterra Resort Indiana, LLC v. Indiana Dep't of State Revenue, 900 N.E.2d 513 (Ind. Tax Ct. 2/5/2009). The Department has petitioned the Supreme Court for review. [Note: Here is the ILB summary of the Tax Court 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 10/19/09):
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 ]
Next Tuesday, October 27th
- 1:00 PM - William E. Riley vs. State of Indiana - William Riley was convicted of and sentenced to sixty years for dealing in a look-a-like substance, a Class D felony, two counts of dealing in cocaine, both Class A felonies, possession of cocaine, a Class D felony, and found to be an habitual offender. Riley's convictions and sentence were affirmed on direct appeal. He now appeals the denial of his petition for post-conviction relief that alleged his trial counsel was ineffective for failing to offer into evidence a taped conversation to discredit the confidential informant's testimony. The Scheduled Panel Members are: Judges Riley, Robb and Mathias. [Where: Benton Central Jr.-Sr. High School, 4241 East 300 South, Oxford, Indiana]
Next Wednesday, October 28th
- 2:00 PM - Cheryl Weird v. Eric Emberton - Cheryl and Thomas Weird filed an action for personal injuries and loss of consortium in Clark Circuit Court, Indiana. The parties eventually settled, resulting in an award to the Weirds. The Weirds' counsel filed a motion to interplead the settlement funds in the amount of $74,575.08 due to the Weirds' failure to reach an agreement regarding the distribution of the funds. In December of 2005, the Jefferson Circuit Court of Kentucky entered a judgment in favor of Eric Emberton and against Thomas Weird in the amount of $100,000.00. On May 18, 2006, Emberton filed a copy of his Kentucky judgment with the Clark Circuit Court and sought to have the interpleaded funds released to him. In June of 2006, the Jefferson Circuit Court of Kentucky dissolved the Weirds' marriage and awarded Cheryl Weird the entirety of the settlement award. Upon Cheryl Weird's motion for summary judgment and Emberton's cross-motion for summary judgment, the Clark Circuit Court awarded the remaining interpleaded funds to Emberton. Cheryl Weird now appeals. The Scheduled Panel Members are: Judges Darden, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next Thursday, October 29th
- 11:00 AM - P.R. Mallory & Company, Inc., et al, vs. American Casualty Company - P.R. Mallory & Company, Inc., including Radio Materials Corporation, Kraft Foods Global, Inc., formerly known as Kraft Foods North America, Kraft Foods, Inc., Kraft General Foods, Inc., and Dart & Kraft Inc. (the "Plaintiffs") filed a complaint against American Casualty Company of Reading, PA, ("ACC") and Continental Casualty Company ("CCC") and Doe Insurance Companies 1-10, which requested a declaratory judgment indicating that ACC and CCC were obligated to pay costs and expenses related to environmental pollution. The complaint also alleged a breach of contract or anticipatory breach of contract. The trial court granted summary judgment to ACC and CCC because the Plaintiffs provided late notice to ACC and CCC. On appeal, the Plaintiffs raise four issues, which we consolidate and restate as whether the trial court erred by granting ACC and CCC's motion for summary judgment. ACC and CCC argue that Mallory's appeal is untimely and should be dismissed. The Scheduled Panel Members are: Judges Najam, Bailey and Brown. [Where: Vincennes University, 1002 N. 1st Street, Vincennes, Indiana]
Next Friday, October 30th
- 10:00 AM - Pablo Madrigal vs. State of Indiana. Pablo Madrigal pled guilty to possession of cocaine and was sentenced to twenty years with fifteen years suspended and two years to be served on probation. The executed portion of his sentence was to be served on home detention. The State thereafter filed a petition to revoke probation and placement alleging Madrigal had been found in possession of a handgun. Madrigal admitted the violation and the trial court revoked Madrigal's home detention placement and ordered him to serve his twenty-year sentence. Madrigal appeals, arguing that the trial court abused its discretion in revoking his placement and imposing the entirety of his previously-suspended sentence. The Scheduled Panel Members are: Judges Robb, Vaidik and Mathias. [Where: Valparaiso High School, 2727 Campbell Street, Valparaiso, Indiana ]
Posted by Marcia Oddi on October 19, 2009 07:45 AM
Posted to Upcoming Oral Arguments