Monday, January 18, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/18/10):
Thursday, January 21st
- 9:00 AM - State of Indiana v. James S. Hobbs IV (49A02-0805-CV-420, Marion Co.) - After police arrested Hobbs on a felony warrant from another county, a narcotics detection dog indicated that drugs were in Hobbs's vehicle. Police conducted a warrantless search of the vehicle and found marijuana. The DuBois Superior Court sua sponte ruled the vehicle search had been illegal and suppressed the evidence seized from the vehicle. The Court of Appeals reversed in State v. Hobbs, 915 N.E.2d 197 (Ind. Ct. App. Oct. 29, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB NOTE: This case was just granted transfer on Jan. 7., 2010. See this ILB entry from Jan. 8th,]
Next week's oral arguments before the Supreme Court (week of 1/25/10):
- None scheduled.
This week's oral arguments before the Court of Appeals (week of 1/18/10):
Thursday, January 21st
- 10:00 AM - White-Rodgers, et al, vs. Lonnie Kindle, et al. (455A05-0906-CV-308) - This case arose from a propane gas explosion in Morgan County killing several people. The cause was identified as the propane water heater, which was White-Rodgers. They were fined $18,187 for not producing documents in "Glascock" and they now appeal. The Scheduled Panel Members are: Chief Judge John G. Baker, Judges Friedlander and Crone. [Where: Carmel High School, 520 East Main Street, Carmel]
Next week's oral arguments before the Court of Appeals (week of 1/25/10):
Next Monday, January 25th
- 2:00 PM - W.S.K., vs. M.H.S.B. (71A03-0903-CV-106) - This is an appeal from an entry of summary judgment against a physician, the appellant, who sued a medical facility after the physician's application for medical staff privileges was denied. Appellant contends there exist questions of fact on the theories of race discrimination, defamation, and breach of contract that render summary judgment inappropriate. This case also involves questions of immunity under federal and state legislation. The Scheduled Panel Members are: Judges Najam, Friedlander and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next Wednesday, January 27th
- 12:30 PM - Zimmer, Inc. vs. Todd O. Davis ( 43A05-0904-CV-195) - Zimmer, Inc., the manufacturer of orthopedic products, sought a preliminary injunction against Davis, a former employee who was terminated after working for Zimmer for more than twenty years in various management positions. Davis had executed an Employment Agreement that contained confidentiality and non-solicitation provisions in addition to an eighteen-month non-competition period upon termination. Davis began working for Biomet, Inc. during the non-competition period.
Zimmer filed this action near the end of the non-competition period seeking a preliminary injunction to enjoin Davis's continued employment with Biomet arguing that the position Davis held with Biomet was the same or similar to his former position with Zimmer, and that in that capacity involving competing products Davis would inevitably disclose or use Zimmer's confidential information or inventions, all in contravention of the Employment Agreement. The trial court denied Zimmer's request for injunctive relief and Zimmer now appeals. The Scheduled Panel Members are: Judges Kirsch, Robb and Bradford.
[Where: Krannert Center for Executive Education, Purdue University, West Lafayette]
[ILB NOTE: The court's site says this will be WEBCAST, which would make it the first COA argument outside the Statehouse to be webcast; even those held at IU Law's court center have not been webcast)]
- 1:30 PM - Alberto Ruiz vs. State of Indiana ( 49A05-0906-CR-356) - Alberto Ruiz confessed to child molesting and his counsel wanted to present expert testimony by a clinical psychologist about coerced or false confessions. The State asked the trial court not to allow the witness to testify, and the trial court excluded the witness on the grounds the testimony would not help the jury resolve any disputed facts, and would likely confuse the issues, mislead the jury, or unfairly prejudice the state. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Friday, January 28th
- 10:30 AM - The Paternity of Infant R. (64A03-0908-JV-367) - T.G. and V.G. are a married couple and the biological parents of a child born to a surrogate mother. T.G., V.G., and the surrogate filed affidavits in support of a petition to establish paternity and maternity in T.G. and V.G. The trial court denied the petition upon finding that "Indiana law does not permit a non birth mother to establish maternity. Indiana law holds the birth mother is the legal maternal mother." T.G. and V.G. appeal, arguing Indiana law denies women equal protection and asking that Indiana's paternity statutes be declared unconstitutional as applied to them. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb.
[Where: Indiana Court of Appeals Courtroom (WEBCAST)]
ILB NOTE: The ILB is very interested in posting the briefs in this case. Please contact me if you can help.
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.
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 January 18, 2010 08:04 AM
Posted to Upcoming Oral Arguments