Monday, April 26, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/26/10):
Thursday, April 29th
- 9:00 AM - Henry A. Leopold & Andrea Leopold v. Robert S. Boone & Nancy D. Boone (
06A04-0904-CV-205) - A bicyclist injured in an accident caused by dogs that escaped from residential property sued the property’s tenant (the dogs’ owner) and landlords, but the Boone Circuit Court granted summary judgment to the landlords. The Court of Appeals affirmed in an unpublished memorandum decision holding that the landlords cannot be held liable where they were not the dogs’ owners or keepers. The bicyclist has petitioned the Supreme Court to accept jurisdiction over the appeal.
[Here is the ILB summary of the Sept. 4, 2009 COA NFP opinion - 3rd case.]
- 9:45 AM - Hamilton County Property Tax Assessment Board of Appeals & Hamilton County Assessor v. Oaken Bucket Partners, LLP (49S10-1003-TA-140) -
The Board of Tax Review denied a taxpayer a property tax exemption for part of a building it rented to a church. The Tax Court reversed, holding that the taxpayer owned and used this space for religious purposes. Oaken Bucket Partners, LLC v. Hamilton County Property Tax Assessment Board of Appeals, 909 N.E.2d 1129, on reh'g, 914 N.E.2d 868 (Ind. Tax Ct. 2009). The Supreme Court has granted a petition for review of the Tax Court decision.
[See this July 30, 2009 ILB entry on this Tax Court decision, headed "Tax Court ruling affects Indiana nonprofits that rent space."]
- 10:30 AM - Richard Wilson and Billy Wilson v. Gene Isaacs, Sheriff of Cass County, and Brad Craven (09S05-1003-CV-149) - The Wilsons’ complaint alleged that a deputy sheriff used excessive force during an arrest and that the sheriff failed to provide appropriate training and supervision, but the Cass Superior Court granted the sheriff and his deputy summary judgment. The Court of Appeals reversed in part after concluding that the Indiana Tort Claims Act does not provide the sheriff immunity here. Wilson v. Isaacs, 917 N.E.2d 1251 (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 the COA's 12/15/09 opinion.]
Next week's oral arguments before the Supreme Court (week of 5/3/10):
- None currently scheduled. (Information currently unavailable.)
This week's oral arguments before the Court of Appeals (week of 4/26/10):
Tuesday, April 27th
- 1:30 PM - Brent & Stacey Carey v. Indiana Physical Therapy, Inc., et al (02A03-0910-CV-473) - Carey sued his physical therapist for malpractice arising out of his treatment after an auto accident. The trial court granted summary judgment for the therapist. Issues include whether there was evidence the standard of care was breached, whether Carey recovered in another settlement, and whether the injury was caused solely by the auto accident. The Scheduled Panel Members are: Judges May, Bradford and Brown. [Where: Supreme Court Courtroom (WEBCAST)]
Friday, April 30th
- 11:30 AM - John Dyer, et al. v. James H. Hall, et al (82A01-0910-CV-510) - Dyer and other landowners with parcels on the Ohio River asked for an injunction and damages, claiming Hall's boat docks extend in front of their lots and interfere with their use of the river. The trial court found the landowners' riparian rights do not extend beyond the river's low water mark and the docks did not interfere with their use of the river. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Brown. [Where: Posey County Courthouse, Mount Vernon, Indiana]
Next week's oral arguments before the Court of Appeals (week of 5/3/10):
Next Tuesday, May 4th
- 4:00 PM - A. S. v. State of Indiana (10A01-0908-JV-423) - A.S. was taken into custody after she hit a fellow high school student. A hearing on whether she was a delinquent did not take place until about three months later. The court found her to be a delinquent and extended her probation. On appeal, A.S. argues the hearing did not take place within the required time period; she was entitled to a jury trial; and she was deprived of her constitutional rights to be represented by counsel, to present evidence, and to confront witnesses against her. The Scheduled Panel Members are: Judges Bailey, May and Brown. [Where: Assembly Hall at EVSC Technical & Career Center, 1901 Lynch Road, Evansville, Indiana]
Next Wednesday, May 5th
- 11:00 AM - David Mazhandu v. State of Indiana (49A02-0909-CR-890) - David Mazhandu was convicted of resisting law enforcement for an altercation that ensued when Mazhandu arrived while his vehicle was in the process of being towed for being illegally parked next to a fire hydrant. Mazhandu appeals his conviction, arguing there was insufficient evidence of his forcible resistance. The Scheduled Panel Members are: Judges Kirsch, Robb and Bradford. [Where: West Lafayette Jr. / Sr. High School, 1105 N. Grant Street, West Lafayette, Indiana]
Next Thursday, May 6th
- 10:30 AM - In Re: The Guardianship of E.F., Jr., G.P., vs. E.T.F., III (49A02-0908-CV-742) - Gail (French) Pheffer appeals the trial court's grant of a motion to dismiss filed by Edwin French III ("Ed III"). In January 1995, Edwin French Jr. ("Ed III"), the father of Pheffer and Ed III, gifted shares of a family business to Ed III. In August 1995, a guardianship for Ed Jr. was established. Ed Jr. died on April 25, 2001. In June 2001, Pheffer brought a complaint alleging that Ed. Jr. was mentally infirm at the time he gifted the shares. The trial court concluded that Pheffer's claims of lack of competence, undue influence, and fraud were all governed by a six year statute of limitation that began to run in January 1995, and therefore Pheffer's fully-informed decision not to file suit prior to June 2001 rendered her claims time-barred. The trial court also concluded that Ed III was not estopped from asserting the statute of limitation defense. On appeal, Pheffer argues that her claims are preserved pursuant to Ind. Code 34-11-6-1. Pheffer also argues that Ed III is equitably estopped from now asserting a statute of limitation defense, because Ed III continuously represented to Pheffer that the issue would be resolved through mediation and that it was ill-advised for her to file a formal complaint. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Friday, May 7th
- 9:30 AM -
Jason G. Ertel v. State of Indiana (29A02-0908-CR-824) - On May 21, 2008, at approximately 2:00 a.m., a woman called 911 to report that an unknown white male, who was later identified as Ertel, wearing a red shirt and driving a dark colored car, had rung her doorbell and then left. A neighbor of the 911 caller also observed Ertel and tried to stop him. While en route to the 911 dispatch, the responding officer was informed that the vehicle had left the neighborhood then returned again. As the officer approached the neighborhood, he saw a dark colored car sitting at a stop sign for approximately five seconds, and as he passed the car, the officer noticed that the man in the car was a white male and was wearing a red shirt. Additionally, he noticed that the man in the car had both hands on the wheel and was staring straight ahead. Based on this information, the officer pulled Ertel over and after administering field sobriety tests, charged him with operating while intoxicated. Ertel appeals the trial court's denial of his motion to suppress evidence obtained from the stop, claiming that the officer did not have reasonable suspicion to pull him over. The Scheduled Panel Members are: Judges Riley, Kirsch and Vaidik. [Where: Kankakee Valley High School, 3923 West State Road 10, Wheatfield, 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 26, 2010 08:40 AM
Posted to Upcoming Oral Arguments