Monday, March 29, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/29/10):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.]
Next week's oral arguments before the Supreme Court (week of 4/5/10):
Next Wednesday, April 7th
- 9:00 AM - Thomas P. Donovan v. Grand Victoria Casino & Resort, L.P. (49S02-1003-CV-124) - Donovan brought an action against the casino seeking, among other things, a declaratory judgment that he could not be excluded from blackjack for counting cards. The trial court entered summary judgment in the casino’s favor. The Court of Appeals reversed in part, holding that the casino could not exclude Donovan on this basis. Donovan v. Grand Victoria Casino & Resort, L.P., 915 N.E.2d 1001 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[This is the blackjack card counting case. For background, start with this ILB entry from Dec. 28, 2009.]
- 9:45 AM - Christine Dugan v. Mittal Steel, USA, Inc., et al. (45S05-1002-CV-121) - Dugan brought an action against her employer and supervisor alleging, among other things, defamation per se with respect to certain statements made about Dugan by her supervisor. The trial court entered summary judgment in the defendants’ favor. The Court of Appeals affirmed in part and reversed in part, holding that both statements at issue amounted to defamation per se and that only one of the two statements was protected by qualified privilege. Dugan v. Mittal Steel USA, Inc., 911 N.E.2d 692 (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 the ILB summary of the Aug. 21, 2009 COA opinion.]
- 10:30 AM - Giavonni J. Williams v. State of Indiana (02A03-0908-CR-363) - The Allen Superior Court denied the defendant’s motion to separate witnesses, and ultimately a jury found him guilty of battery and other offenses. The Court of Appeals affirmed in Williams v. State, 919 N.E.2d 618 (Ind. Ct. App. 2009), trans. pending. Williams has petitioned the Supreme Court to accept jurisdiction over the appeal.
[Here is the COA's 12/31/09 (initially NFP) opinion.]
This week's oral arguments before the Court of Appeals (week of 3/29/10):
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]
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]
Next week's oral arguments before the Court of Appeals (week of 4/5/10):
Next Wednesday, April 7th
- 12:15 PM - Jack E. Suprenant, Jr., v. State of Indiana (45A04-0906-CR-319) - Suprenant admitted to killing his girlfriend with a knife. At trial, his defense was that he acted in "sudden heat" and therefore committed Voluntary Manslaughter. The trial court declined to instruct the jury on Voluntary Manslaughter, concluding that there was no serious evidentiary dispute that Suprenant acted in sudden heat. A jury found him guilty of Murder. Suprenant appeals the instruction of the jury, the for-cause excusing of two potential jurors, and the appropriateness of his sentence. The Scheduled Panel Members are: Judges Bailey, May and Robb. [Where: Vivian Auditorium, Indiana University East, Richmond, Indiana]
Next Thursday, April 8th
- 1:00 PM - Curtis Drue McGaha v. State of Indiana (82A05-0907-CR-402) - Curtis McGaha was convicted of murdering his friend, Brandon Stock. At the trial, McGaha attempted to present evidence that he claimed tended to implicate another person as the murderer, but it was excluded as speculative. He also unsuccessfully challenged the admission of a medical examiner's deposition, claiming that the jury was deprived of the opportunity to question the medical examiner. On appeal, McGaha challenges the evidentiary rulings contrary to him and further argues that his sixty-year sentence is inappropriate. The Scheduled Panel Members are: Judges Bailey, May and Brown. [Where: U niversity of Southern Indiana, Evansville, Indiana ]
Next Friday, April 9th
- 10:00 AM - Dennis and Dora Crider (03A04-0911-CV-649) - The Criders, who are Indiana residents, bought a horse in response to an internet advertisement from Maley, who is a Kentucky resident. They were dissatisfied with the horse and sued Maley. The trial court dismissed the Criders' complaint on the ground it had no jurisdiction over the Kentucky seller. The Scheduled Panel Members are: Judges Najam, Bailey and May. [Where: Oakland City University, 138 N. Lucretia Street, Oakland City, 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 29, 2010 07:31 AM
Posted to Upcoming Oral Arguments