Monday, November 16, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/16/09):
Tuesday, November 17th
- 9:00 AM - Gabino Gonzalez v. State of Indiana (82S01-0909-CR-408) Gonzalez was intoxicated when the truck he was driving struck a school bus. He wrote a letter to the school corporation admitting he had consumed alcohol and apologizing for the accident. The letter was admitted at trial over Gonzalez's objection, and a Vanderburgh Superior Court jury found him guilty of criminal mischief and operating a vehicle while intoxicated. The Court of Appeals reversed, finding the letter was part of the pre-trial plea negotiations and its admission was reversible error. Gonzalez v. State, N.E.2d (Ind. Ct. App. 3/20/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Chawknee Caruthers v. State of Indiana (46S05-0910-CR-431) Caruthers was convicted of murder after a jury trial in the LaPorte Superior Court. The Court of
Appeals reversed the conviction because the trial court had not investigated the possible
prejudicial impact that certain threats against the jury may have had on the jury's deliberations.
Caruthers v. State, N.E.2d (Ind. Ct. App. 7/15/2009), vacated. The Supreme Court has granted a
petition to transfer the case and has assumed jurisdiction over the appeal. [ILB summary here - 2nd case]
[See also July 16th ILB entry headed "The 2008 murder conviction of Chawknee Caruthers, who was given a 100-year prison sentence, was reversed Thursday."
Next week's oral arguments before the Supreme Court (week of 11/23/09):
Tuesday, November 23rd
- 9:00 AM - Walker Whatley v. State of Indiana - A jury found Whatley guilty of possessing cocaine in a quantity in excess of three grams within one-thousand feet of a "youth program center," a class A felony, see Ind. Code § 35-48-4-6(b)(3)(B)(iv). The Marion Superior Court entered judgment accordingly. The Court of Appeals reversed on grounds that Whatley had been near a church, not a youth program center, and directed entry of a conviction as a class C felony. Whatley v. State, 906 N.E.2d 259 (Ind. Ct. App. 5/24/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [ILB summary here - 5th case.]
- 9:45 AM - Wells Fargo Bank N.A. v. Brett Gibson - In this mortgage foreclosure action, the Marion Superior Court granted equitable subrogation to buyers of the property and their lender but denied their requests for interest and a sheriff's sale of the property. The Court of Appeals affirmed in part and reversed in part, holding that the buyers and lender were entitled to statutory interest and a sheriff's sale. Wells Fargo v. Gibson, 905 N.E.2d 465 (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. [ILB summary here.]
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 11/16/09):
Tuesday, November 17th
- 10:30 AM - Anna Williams, et al v. Jayme M. Adelsperger, D.D.S. - The Williamses commenced an action in December 2004 against Dr. Adelsperger alleging malpractice through August 2002. The trial court granted summary judgment for the doctor on the ground the limitations period had run. The Williamses argue the statute of limitations, which requires an action be brought within two years of the alleged malpractice, should not be applied to them because even though they suspected malpractice as early as 2003, the doctor actively denied the plaintiff's symptoms were related to her treatment. The Scheduled Panel Members are: Judges Bailey, May and Vaidik. [Where: Saint Mary-of-the-Woods College, Saint Mary-of-the-Woods, Indiana]
- No arguments scheduled.
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
The past COA webcasts which have been webcast are accessible here.
Posted by Marcia Oddi on November 16, 2009 06:54 AM
Posted to Upcoming Oral Arguments