Monday, April 05, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/5/10):
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.]
Next week's oral arguments before the Supreme Court (week of 4/12/10):
- None currently scheduled.
Ths week's oral arguments before the Court of Appeals (week of 4/5/10):
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]
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: University of Southern Indiana, Evansville, Indiana ]
Friday, April 9th
- 10:00 AM - Manuel Hopson vs. State of Indiana (49A02-0909-CR-869 ) - Manuel Hopson was found asleep and intoxicated in a parked car with the engine running and his foot on the brake. He was convicted of Operating a Vehicle While Intoxicated, as a Class A misdemeanor; Operating a Vehicle While Intoxicated with a Blood Alcohol Content (BAC) of at least 0.15 percent, as a Class A misdemeanor; and Public Intoxication, as a Class B misdemeanor. He contends there is insufficient evidence to support each of his convictions. The Scheduled Panel Members are: Judges Najam, Bailey and May. [Where: Oakland City University, 138 N. Lucretia Street, Oakland City, Indiana] [Note: This replaces the case originally scheduled.]
Next week's oral arguments before the Court of Appeals (week of 4/12/10):
Next Monday, April 12th
- 10:30 AM - Allvest, Inc. v. Classic Fire & Marine Insurance Co., & Carol Cutter (as Commissioner of the Department of Insurance of the State of Indiana) (49A05-0906-CV-315) - This appeal arises out of insurance liquidation proceedings involving a disputed claim ("DC 83") submitted by Allvest, Inc., to Classic Fire & Marine Insurance Company ("CFM") for indemnification allegedly provided under an insurance policy. Allvest sold its rights to DC 83 to Brett von Gemmingen, attorney for J.W., P.B., K.S., C.S., A.W. and C.L. ("the J.W. Claimants"), who had obtained tort judgments against Allvest in an Alaska court. The trial court found that the J.W. Claimants were not entitled to payment from CFM's liquidation estate and dismissed the claim. The J.W. Claimants appeal. The Scheduled Panel Members are: Judges Riley, Vaidik and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Tuesday, April 13th
- 1:00 PM - Cedric D. Lewis v. State of Indiana (49A02-0908-CR-736) - CCedric Lewis was convicted in Marion Superior Court of Class B felony possession of a firearm by a serious violent felon. Lewis appeals his conviction and argues that the trial court abused its discretion when it admitted into evidence the handgun seized during a warrantless search of his vehicle. Lewis claims the search was conducted in violation of the Fourth Amendment of the United States Constitution and Article 1, Section Eleven of the Indiana Constitution. Lewis also argues that his twelve-year sentence is inappropriate in light of the nature of the offense and the character of the offender. The Scheduled Panel Members are: Judges Riley, Kirsch and Mathias. [Where: Ayres Alumni Memorial Building, Room 215, Taylor University, Upland, Indiana]
Next Wednesday, April 14th
- 9:45 AM - Jeffrey D. Boggs v. State of Indiana (40A01-0907-CR-346) - Jeffrey D. Boggs was convicted of attempt to manufacture methamphetamine as a Class B felony, two counts of possession of a precursor while in possession of a firearm, each as a Class C felony, possession of methamphetamine as a Class D felony, and possession of marijuana as a Class A misdemeanor and was found to be a habitual offender after a jury trial. He was sentenced to a fifteen-year aggregate sentence for the underlying convictions with a twenty-five year enhancement for the habitual offender determination for a total sentence of forty years. On appeal, he contends that the trial court abused its discretion in admitting evidence obtained pursuant to a search warrant that was based upon information discovered during an unconstitutional and warrantless search of Boggs's vehicle. Boggs next argues that the evidence presented at trial was insufficient to convict him where the State did not present scientific or expert evidence to identify the allegedly illegal substances. He also asserts that sufficient evidence was not presented to support his habitual offender determination because the State failed to prove that he had two prior unrelated felony convictions, specifically because a prior federal conviction contained no notation that the crime was a felony. Finally, Boggs contends that his sentence was inappropriate in light of the nature of the offense and the character of the offender. The Scheduled Panel Members are: Judges Najam, Bailey and May. [Where: Floyd Central High School, New Albany, 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 April 5, 2010 08:14 AM
Posted to Upcoming Oral Arguments