Monday, March 15, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/15/10):Wednesday, March 17th
- 9:00 AM - Indiana High School Athletic Association v. Jasmine S. Watson (
71S03-1002-CV-119) - The Indiana High School Athletic Association ("IHSAA") determined Jasmine Watson was ineligible to play sports during her senior year at South Bend Washington High School because her move and transfer to Washington High occurred for primarily athletic reasons and because of improper undue influence. The trial court entered a preliminary injunction prohibiting the IHSAA from enforcing its eligibility decision. A majority of the Court of Appeals affirmed. IHSAA v. Watson, 913 N.E.2d 741 (Ind. Ct. App. 9/24/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[For background start with this ILB entry from March 3, 2010.]
- 9:45 AM - Termination of the Parent-Child Relationship of I.A.; J.H. v. IDCS (62A01-0905-JV-252) - The Perry Circuit Court terminated a father's parental rights, and the Court of Appeals affirmed in an unpublished memorandum decision, In re I.S. (J.H. v. Ind. Dept. of Child Serv., No. 62A01-0905-JV-252, slip op.(Ind. Ct. App. Dec. 10, 2009), trans. pending. The father has petitioned the Supreme Court to accept jurisdiction over the appeal asserting the evidence supporting termination was insufficient.
[Here is the COA's 12/10/09 NFP opinion]
Next week's oral arguments before the Supreme Court (week of 3/22/10):
- None currently scheduled.
This week's oral arguments before the Court of Appeals (week of 3/15/10):
- None currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 3/22/10):
Next Tuesday, March 23rd
- 2:00 AM - Vicki Sue Maze v. Robert L. Davenport & Corey Filson (50A03-0911-CV-531) - Vicki Sue Maze ("Maze") appeals the trial court's grant of summary judgment in favor of Robert L. Davenport ("Davenport") and Corey Filson ("Filson"). The trial court concluded that Maze's claim for damages for breach of contract was barred by the Statute of Frauds, because no writing exists that sets forth the terms of Davenport's oral promise to convey real estate. Maze argues that she designated sufficient evidence to establish the elements of the equitable doctrines of part performance and promissory estoppel, which would remove her claims from application of the Statute of Frauds. She also argues that the trial court erred in failing to address her unjust enrichment claim. The Scheduled Panel Members are: Judges Kirsch, Darden and May. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 5:00 PM - Richard L. Barnes v. State of Indiana (82A05-0910-CR-592) - Richard Barnes was convicted of Class A misdemeanor battery on a police officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct. Barnes appeals his convictions and argues that the evidence is insufficient to support his convictions. Barnes also claims that the trial court abused its discretion when it refused Barnes tendered jury instruction concerning resisting unlawful entry into the apartment he shared with his estranged wife. The Scheduled Panel Members are: Judges Mathias, Crone and Brown. [Where: Indiana University Law School-Indianapolis, Wynne Moot Courtroom, Indianapolis, Indiana ]
Next Thursday, March 25th
- 11:00 AM - Derrick Bush v. State of Indiana (49A02-0907-CR-682) - Derrick Bush was convicted of carrying a handgun without a license, a Class A misdemeanor, following a stop and search of a car Bush was driving. Bush appeals his conviction, contending the warrantless search of the automobile was in violation of the Fourth Amendment to the United States Constitution and Article 1, section 11 of the Indiana Constitution and the trial court therefore abused its discretion in admitting evidence of the handgun. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb. [Where:Richardson Chapel, Franklin College, 101 Branigan Boulevard, Franklin, Indiana]
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 March 15, 2010 07:44 AM
Posted to Upcoming Oral Arguments