Monday, April 12, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/12/10):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 4/19/10):
- None currently scheduled.
This week's oral arguments before the Court of Appeals (week of 4/12/10):
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)]
Tuesday, April 13th
- 1:00 PM - Cedric D. Lewis v. State of Indiana (49A02-0908-CR-736) - Cedric 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]
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 Kirsch, Bailey, and Darden. [Where: Floyd Central High School, New Albany, Indiana]
Next week's oral arguments before the Court of Appeals (week of 4/19/10):
Next Monday, April 19th
- 2:00 PM - Bruce Adkins v. Vigilant Insurance Company (06A01-0911-CV-530) - Appellant/Plaintiff Bruce Adkins appeals the trial court's order granting summary judgment in favor of Appellee/Defendant Vigilant Insurance Company. The Appellant challenges the trial court erred in granting summary judgment in favor of the Appellee because his alleged damages were covered under excess umbrella policy issued by the Appellee. The Appellant also contends that the trial court erred in granting summary judgment in favor of the Appellee because he should be entitled to recover under the excess umbrella policy issued by the Appellee as a matter of public policy. The Scheduled Panel Members are: Judges Najam, Friedlander and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
- 3:30 PM - Brett Zagorac v. State of Indiana (45A03-0910-CR-481) - Brett Zagorac was arrested and charged with one count of Class C felony child molesting, but the State was unable to bring him to trial and eventually had the charge dismissed with prejudice. Thereafter, Zagorac petitioned to have his arrest record expuged, and the trial court denied that petition. Zagorac claims the court erred because it did not hold a hearing before denying his petition and because his arrest was not supported by probable cause. In the alternative, he asserts his right to equal protection is denied by a statutory scheme that provides relief to persons who have been convicted, but does not provide relief to someone who has not. The Scheduled Panel Members are: Judges May, Robb and Brown. [Where: Purdue University, Loeb Playhouse at Stewart Center, West Lafayette, Indiana]
Next Tuesday, April 20th
- 2:15 PM - Minteq International Inc. v. Anthony Arciniega, et al (45A05-0905-CV-284) - Appellee was injured in a workplace accident at Burns Harbor naming Minteq as his employer. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Crone. [Where: Supreme Court Courtroom (WEBCAST)]
Next Wednesday, April 21st
- 12:30 PM -
Fidelity National Title Insurance Company, et al, v. Rhys and Sally Mussman (64A03-0905-CV-204) - Fidelity National Title Insurance Company appeals from the trial court's grant of summary judgment to Rhys and Sally Mussman. The Mussmans alleged in their complaint that Fidelity is liable to them for the conversion of their escrow funds by Intercounty Title Company ("ITC"), an agent of Fidelity. On appeal, the parties dispute the existence of a genuine issue of material fact regarding whether ITC had actual or apparent authority to act as Fidelity's agent for escrow or closing purposes with respect to the Mussmans' sale of certain real estate in 1999. The Scheduled Panel Members are: Judges Najam, Vaidik and Brown. [Where: Court of Appeals Courtroom [WEBCAST]]
- 2:00 PM - Fifth Third Bank v. Peoples National Bank (49A02-0908-CV-753) - PMB asserts that by its conduct, Fifth Third has waived its right to enforce its security interest in the deposit account and the proceeds therein. Fifth Third counters that its perfected security interest takes priority over PNB's judgment lien, and that the trial court, therefore, erred in rendering judgment for PNB. The Scheduled Panel Members are: Judges Kirsch, Darden and May. [Where: Court of Appeals Courtroom [WEBCAST]]
Next Friday, April 23rd
- 9:25 AM -
J.M. v. M.K. (20A04-0911-CV-640) - This case involves a trial court's default entry of judgment adjudicating J.M. as the legal father of W.H. J.M. filed a motion to set aside paternity determination, but the motion was denied by the trial court. On appeal, J.M. challenges the denial of his motion, arguing that he was a minor when he signed the paternity affidavit, that he believed he was signing the paternity affidavit to grant guardianship of W.H. to the child's grandmother, and that he is not the biological father of W.H. Additionally, J.M. contends that the commissioner exhibited bias towards him during the proceedings. The Scheduled Panel Members are: Chief Judge Baker, Judges Crone and Bradford. [Where: Columbia City High School, 600 N. Whitley Street, Columbia City, Indiana]
- 1:00 PM - M. T. v. State of Indiana (49A04-0908-JV-484 ) - M.T., a juvenile, was on probation and living at a residential treatment facility. The State alleged he violated his probation and the juvenile court ordered him committed to the Department of Correction, even though the State presented no evidence of the probation violations. This, M.T. argues, violated his due process rights. The Scheduled Panel Members are: Judges Bailey, May and Brown. [Where: Corydon Central High School, 375 Country Club Road Southeast, Corydon, 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 12, 2010 08:33 AM
Posted to Upcoming Oral Arguments