The Indiana Law Blog: Ind. Decisions - Upcoming oral arguments this week and next

Monday, November 23, 2009

This week's oral arguments before the Supreme Court (week of 11/23/09):

Tuesday, November 24th

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.]

Next week's oral arguments before the Supreme Court (week of 11/30/09):

Next Thursday, December 3rd

9:00 AM - Luis Duran v. State of Indiana - The Lake Superior Court denied Duran's pre-trial motion to suppress evidence obtained after police entered Duran's apartment without a warrant. The Court of Appeals affirmed in Duran v. State, 909 N.E. 2d 1101 (Ind. Ct. App. 7/23/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [ILB summary of the 2-1 COA opinion here - 6th case.]
9:45 AM - State of Indiana v. Robert Richardson - The Marion Superior Court granted Richardson's motion to suppress evidence obtained during a traffic stop. The Court of Appeals reversed in State v. Richardson, 906 N.E.2d 263 (Ind. Ct. App. 5/22/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [ILB summary here, 2nd case.]
10:30 AM - Kenneth Collins v. State of Indiana - On the State's motion filed ten years after the original sentencing, the Marion Superior Court imposed additional conditions to the terms of Collins' probation. The Court of Appeals affirmed in Collins v. State, 911 N.E.2d 700 (Ind. Ct. App. 8/21/2009). Collins has petitioned the Supreme Court to accept jurisdiction over the appeal [ILB summary here, 7th 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 11/23/09):

Next week's oral arguments before the Court of Appeals (week of 11/30/09):

Next Monday, November 30th

10:30 AM - International Brotherhood of Electrical Workers, Local Union 1395, et al v. Indianapolis Power and Light Company (93A02-0906-EX-498) - In a 1995 settlement Indianapolis Power and Light (IPL) obtained a rate increase, part of which would fund a trust for non-pension retiree benefits. IPL continued to fund the trust for six years. When IPL was acquired by another company, it curtailed its funding of the trust and the employee benefits were cut, but it continued charging pursuant to the rate increase settlement. The Utility Regulatory Commission decided the terms of the settlement did not require continued funding, and on appeal, the IBEW and IPL dispute the effect of the language in the settlement. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]

Next Wednesday, December 2nd

10:30 AM - Three Little Birds, LLC., vs. Stone Manor Investment, et al (71A05-0904-CV-187) - Whether the trial court ruled that Stone Manor Investment has an implied easement by necessity for certain alleged encroachments. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
1:30 PM - Fifth Third Bank, et al v. Kohl's Indiana, L.P., et al (82A01-0906-CV-272) - Fifth Third Bank appeals from the trial court's grant of partial summary judgment to Kohl's. In its complaint, Kohl's sought, in relevant part, to compel the Evansville-Vanderburgh Area Plan Commission to draw on letters of credit issued by Fifth Third Bank for payment to Kohl's. On appeal, the parties dispute the trial court's determination on summary judgment that: 1) the letters of credit should be treated as performance bonds, and 2) that Kohl's may make a claim against the proceeds from the letters of credit as a third-party beneficiary. The Scheduled Panel Members are: Judges Najam, Kirsch and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]

Next Thursday, December 3rd

10:00 AM - Jennifer Mogg v. State of Indiana (29A04-0902-CR-82) - Jennifer Mogg appeals the trial court's order revoking her probation and suspended sentence. Mogg raises the single issue whether reliable evidence supports the trial court's finding she consumed alcohol in violation of her probation, when the sole evidence of her consumption was positive readings from the Secure Continuous Remote Alcohol Monitoring (SCRAM) device. The Scheduled Panel Members are: Judges Darden, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]

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 23, 2009 06:34 AM
Posted to Upcoming Oral Arguments