Monday, January 11, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/11/10):
Thursday, January 14th
- 9:00 AM - Sheehan Construction Co., Inc. v. Continental Casualty Co. (49A02-0805-CV-420, Marion Co.) - In disputes over what, if any, coverage was provided by commercial general liability insurance policies after allegedly faulty workmanship by Sheehan's subcontractor, the Marion Superior Court entered a summary judgment in favor of insurers and an insurance broker. The Court of Appeals affirmed. Sheehan Const. Co. Continental Cas. Co., 908 N.E. 2d 305 (Ind. Ct. App. June 23, 2009). Sheehan, and those aligned with it, have petitioned the Supreme Court to accept jurisdiction over the appeal. [See the ILB summary of the 2-1 COA opinion here.]
- 9:45 AM - Arturo Garcia-Torres v. State of Indiana (64S03-0912-CR-550, Porter Co.) - Garcia-Torres was convicted of rape and burglary in the Porter Superior Court. The Court of Appeals affirmed, holding among other things that taking a cheek swab to obtain a DNA sample requires "reasonable suspicion", obtaining a swab is not subject to the advice-of-counsel requirements in Pirtle v. State, and the trial court properly denied the defense’s motion to suppress evidence. Garcia-Torres v. State, 914 N.E.2d 268 (Ind. Ct. App. Sept. 30, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[See the ILB summary of the 2-1 COA opinion here. From the dissent: "I believe that the taking of a cheek swab from a custodial suspect for purposes of extracting a DNA profile is a search requiring probable cause under the Fourth Amendment and is subject to the advice-of-counsel requirements of Pirtle."]
- 10:30 AM - Roger Brown v. State of Indiana (12S02-0912-CR-560, Clinton Co.)- At trial on charges of operating a vehicle while intoxicated, the Clinton Superior Court admitted the results of a blood alcohol test that had been performed by a certified lab technician. The Court of Appeals held this was error because certified lab technicians are not "certified phlebotomists" or otherwise persons who are trained in obtaining bodily substance samples for purposes of Indiana Code Section 9-30-6-6(j). See Brown v. State, 911 N.E.2d 668 (Ind. Ct. App. Aug. 21, 2009), vacated. The Supreme Court has granted the State’s petition to transfer the case and has assumed jurisdiction over the appeal. [Here is the Aug. 21, 2009 COA opinion.]
Next week's oral arguments before the Supreme Court (week of 1/18/10):
- None scheduled.
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 1/11/10):
Tuesday, January 12th
- 11:00 AM - Erica Bishop v. Housing Authority of South Bend (71A03-0906-CV-273) - Erica Bishop appeals the trial court's order granting immediate preliminary possession of the public housing unit she had occupied to the Housing Authority of South Bend, thereby effectively evicting her. The Scheduled Panel Members are: Judges Darden, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Thursday, January 14th
- 1:30 PM - Jeffrey D. Tharp vs. State of Indiana (49A02-0905-CR-394) - Tharp was pulled over for a traffic stop. Upon further investigation, officers learned an occupant in the vehicle had a protective order against Tharp. Tharp was convicted of invasion of privacy. On appeal, Tharp argues (1) his due process rights were violated because he was not served with the protective order, (2) there was insufficient evidence he knowingly or intentionally violated the order, and (3) the trial court erred by delegating the determination of his conditions of probation to the probation department. The Scheduled Panel Members are: Judges Kirsch, Darden and May. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 1/18/10):
Next 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]
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 11, 2010 07:37 AM
Posted to Upcoming Oral Arguments