Monday, March 22, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/22/10):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 3/29/10):
Next Thursday, April 1st
- 9:00 AM - Anne M. Bingley v. Charles B. Bingley (02S03-1002-CV-122) - The Allen Superior Court ruled that a pension benefit being received by the husband (namely, his former employer's payment of his monthly health insurance premiums) does not constitute property subject to division in this marital dissolution. The Court of Appeals affirmed. Bingley v. Bingley, 915 N.E.2d 1006 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
[Here is information on the COA's 10/30/09 opinion.]
- 9:45 AM - U.S. Bank, N.A. v. Integrity Land Title Corp. (17S03-1002-CV-120) - When U.S. Bank sued Integrity Land Title on negligence and breach-of-contract theories for failing to discover a prior judgment lien during a title search, the DeKalb Superior Court entered summary judgment for Integrity Land Title. The Court of Appeals affirmed. U.S. Bank v. Integrity Land Title Corp., 907 N.E.2d 616 (Ind. Ct. App.), reh'g granted, 914 N.E.2d 320 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
[Here is info on the COA's 6/16/09 and 10/9/09 opinions.]
- 10:30 AM - Matter of the Estate of Harry L. Rickert; Carol Baker v. Keta Taylor (
18S04-1002-CV-118) - Harry Rickert executed a power of attorney naming Keta Taylor as his attorney-in-fact. Several certificates of deposits were purchased with Rickert's money and named Rickert and Taylor as joint owners or named Taylor as the pay-on-death beneficiary. After Rickert's death, the Delaware Circuit Court applied the Non-Probate Transfer Act and determined Taylor owned the certificates of deposit. A majority of the Court of Appeals reversed and remanded for a determination of ownership based on the common law. In re Estate of Rickert, 912 N.E.2d 831 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[Here is information on the COA's 10/30/09 opinion.]
This week's oral arguments before the Court of Appeals (week of 3/22/10):
Tuesday, March 23rd
- 2:00 PM - 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 ]
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]
Next week's oral arguments before the Court of Appeals (week of 3/29/10):
Next Monday, March 29th
- 10:00 AM - Darmon D. Bond v. State of Indiana (71A03-0910-CR-457) - Darmon D. Bond appeals his convictions for Class D felony auto theft and Class C felony altering an original identification number. The victim's car was stolen. South Bend Police found it parked outside the defendant's residence. A false VIN plate had been duct-taped beneath the dashboard panel, and a false temporary license plate had been placed in the car's rear window. Forensics examiners identified the defendant's thumbprints on the duct tape and the temporary license plate. The defendant was tried in St. Joseph Superior Court. At trial, the jury pool contained no African American members.The State called two fingerprint examiners to testify to the results of their investigation. However, a third "verifying examiner" did not testify at trial.The defendant raises three issues on appeal: (I) whether the admission of the fingerprint test results violated his Sixth Amendment confrontation rights, (II) whether there is sufficient evidence to sustain his convictions, and (III) whether the absence of African American panel-members from the jury pool violated his Sixth Amendment jury trial rights. The Scheduled Panel Members are: Judges Vaidik, Barnes and Crone. [Where: Valparaiso University School of Law, 656 S. Greenwich Street, Valparaiso, Indiana]
Next Thursday, April 1st
- 10:00 AM - Paul L. Patterson v. State of Indiana (09A02-0909-CR-849) - In 1997, Paul Patterson was charged with dealing in cocaine, a Class B felony. He pled guilty in 1998 but failed to appear for his sentencing hearing. When Patterson was returned to court in 2009, the trial court accepted the plea agreement and sentenced him to ten years at the Department of Correction, the maximum sentence allowed by the plea agreement. Patterson appeals his sentence, contending the trial judge should have recused himself from conducting the sentencing hearing because he had been the deputy prosecutor who attended the probable cause hearing and signed the charging information in 1997. Patterson also contends he received ineffective assistance of trial counsel at his sentencing hearing. The Scheduled Panel Members are: Judges Riley, May and Robb. [Where:Ivy Tech, Ivy Hall, 3101 South Creasy Lane, Lafayette, 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 22, 2010 09:32 AM
Posted to Upcoming Oral Arguments