Monday, November 30, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/30/09):
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.]
Next week's oral arguments before the Supreme Court (week of 12/7/09):
Next Thursday, December 10th
- 9:00 AM - Myron Owens v. State of Indiana - The Marion Superior Court sentenced Owens as an habitual offender after concluding he had accumulated two unrelated dealing convictions as defined in Indiana Code section 35-50-2--8(d), namely dealing in cocaine and conspiracy to deal in cocaine. The Court of Appeals affirmed in Owens v. State, 911 N.E.2d 18 (Ind. Ct. App. 7/7/2009), 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. A quote: "The State presented sufficient evidence to establish that Owens delivered cocaine to the C.I. and that such transaction occurred within 1,000 feet of the Daycare Center."]
- 9:45 AM - Clint R. Beldon v. State of Indiana - Beldon was convicted of operating a motor vehicle while intoxicated, which had been elevated to a class D felony based on a prior conviction, and he was sentenced by the Kosciusko Superior Court as a habitual substance offender under Indiana Code section 35-50-2-10, to the maximum sentence. The Court of Appeals affirmed the conviction, but remanded the case for re-sentencing. Beldon v. State, 906 N.E. 2d 895 (Ind. 5/21/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[See the May 21st ILB summary of the COA opinion here - 4th case.]
- 10:30 AM - Leone v. Commissioner Indiana Bureau of Motor Vehicles - A class of persons, threatened with invalidation of their driver's licenses or identification cards due to a discrepancy with their names on file with the Social Security Administration and the Bureau of Motor Vehicles, sought injunctive relief against the Bureau. On interlocutory appeal, the Court of Appeals affirmed the trial court's denial of a preliminary injunction, holding in part that the Bureau's policy violated the class members' procedural due process rights but that an injunction would not be in the public interest. Leone v. Comm'r, Indiana Bureau of Motor Vehicles, 906 N.E.2d 172 (Ind. Ct. App. 5/15/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See this ILB entry from Oct. 30, 2009 for backgtround.]
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 11/30/09):
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)]
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)]
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)]
Next week's oral arguments before the Court of Appeals (week of 12/7/09):
Next Tuesday, December 8th
- 11:00 AM - Marcus Chest v. State of Indiana (49A02-0907-CR-705) - An Indianapolis Metropolitan police officer pulled over Marcus Chest after observing him change lanes without signaling. When asked for identification, Chest claimed he had forgotten his driver's license and gave the officer a false name and date of birth. After discovering the information was false, the officer arrested Chest for refusing to provide identification and secured Chest in the backseat of his police car. The officer returned to search Chest's vehicle and discovered a handgun and a wallet containing Chest's driver's license under the back seat of the car. After a trial, Chest was convicted of carrying a handgun without a license, driving while suspended, and refusing to provide identification. On appeal, Chest argues the officer's search of his vehicle after he was secured in the police car violated his constitutional rights under the United States and Indiana Constitutions, and therefore, the trial court should not have allowed the State to admit the handgun and wallet discovered in the search into evidence. The Scheduled Panel Members are: Judges Darden, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next Wednesday, December 9th
- 1:30 PM - Herman Russell v. State of Indiana (49A04-0902-CR-97) - Herman Russell appeals his conviction following a bench trial for theft as a Class D felony. On appeal, he contends that the State's evidence-that Russell lacked a receipt for the DVDs he carried outside a store-was insufficient to prove the "unauthorized control" necessary to establish theft as charged. Russell next contends that the trial court erred as a matter of law in basing his conviction on a finding that he was "more likely than not" guilty. Finally, Russell argues that the trial court committed fundamental error when it admitted evidence (1) obtained from Russell during a search incident to an alleged unlawful arrest and (2) concerning Russell's prior theft convictions. The Scheduled Panel Members are: Judges Najam, Kirsch and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next Thursday, December 10th
- 1:30 AM - Allied Property & Casualty Insurance Company v. Linda & Randall Good (85A04-0902-CV-89) - On the fourth day of a jury trial in an insurance case stemming from a fire at Linda and Randall Good's house, on direct examination an employee of Allied Property and Casualty Insurance Company testified in violation of the trial court's order in limine. The trial court granted a mistrial and ordered Allied Property and Casualty to pay Linda's and Randall's attorneys' fees as well as the costs of the jury trial, which totaled $26, 053.19. Allied Property and Casualty now seeks an interlocutory appeal contending that the trial court abused its discretion in imposing monetary sanctions for causing the mistrial. The Scheduled Panel Members are: Judges Vaidik, Darden and Bradford. [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 30, 2009 08:49 AM
Posted to Upcoming Oral Arguments