The Indiana Law Blog: Ind. Decisions - Upcoming oral arguments this week and next

Monday, May 24, 2010

This week's oral arguments before the Supreme Court (week of 5/24/10):

Next week's oral arguments before the Supreme Court (week of 6/1/10):

This week's oral arguments before the Court of Appeals (week of 5/24/10):

Monday, May 24th

2:00 PM - James D. Callaway, et al v. Hannah Callaway, et al (28A04-0908-CV-467) - James D. Callaway, Jason M. Callaway, and Greg R. Callaway ("the Callaways") appeal the trial court's judgment in favor of Debra J. Mathew on the Callaways' Complaint to Resist Probate of Purported Will of John L. Callaway. The Callaways present the following issues for our review on appeal: whether the will was properly witnessed when it was executed; and whether the trial court abused its discretion in instructing the jury at trial. The Scheduled Panel Members are: Judges Najam, Vaidik and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]

Wednesday, May 26th

10:30 AM - In Re: The Guardianship of E.F., Jr., G.P., v. E.T.F., III (49A02-0908-CV-742) - G.P. appeals the trial court's grant of a motion to dismiss filed by E.F. III. In January 1995, E.F. Jr., the father of G.P. and E.F. III, gifted shares of a family business to E.F. III. In August 1995, a guardianship for E.F. Jr. was established. E.F. Jr. died on April 25, 2001. In June 2001, G.P. brought a complaint alleging that E.F. Jr. was mentally infirm at the time he gifted the shares. The trial court concluded that G.P.'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 G.P.'s fully-informed decision not to file suit prior to June 2001 rendered her claims time-barred. The trial court also concluded that E.F. III was not estopped from asserting the statute of limitation defense. On appeal, G.P. argues that her claims are preserved pursuant to Ind. Code § 34-11-6-1. G.P. also argues that E.F. III is equitably estopped from now asserting a statute of limitation defense, because E.F. III continuously represented to G.P. 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 week's oral arguments before the Court of Appeals (week of 6/1/10):

Next Tuesday, June 1st

11:00 AM - Indianapolis-Marion County Publis Library v. Charlier Clart & Linard, PC, Thornton Tomasetti Engineers, and Joseph G. Burns (06A05-0906-CV-327) - The Indianapolis-Marion County Public Library ("the Library") appeals the trial court's grant of summary judgment in favor of Thornton Tomasetti Engineers ("TTE") on three cross-claims against TTE that were assigned to the Library by Woollen Molzan and Partners, Inc. ("WMP"), pursuant to a settlement agreement between the Library and WMP. The Scheduled Panel Members are: Judges Najam, Riley and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]

Next Wednesday, June 2nd

11:00 AM - KB Home Indiana Inc, v. Rockville TBD Corporation and CPD Inc. (49A02-0909-CV-881) - Plaintiff appeals summary judgment on its claims for nuisance, trespass, and negligence as result of chemical leakage. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]

Next Thursday, June 3rd

11:00 AM - Crisis Connection, Inc. v. Ronald Keith Fromme (19A05-0910-CR-602) - This interlocutory appeal arises from the criminal prosecution of Ronald Fromme for two counts of class A felony child molesting. The appellant is Crisis Connection, Inc., a not-for-profit agency that provides services to victims of domestic and sexual violence in Crawford, Dubois, Orange, Perry, and Spencer counties. Upon Fromme's motion, the trial court ordered Crisis Connection to produce for in camera inspection "any reports made to Crisis Connection by or on behalf of [Fromme's alleged victims, minors M.Y. and D.Y.]" On appeal, Crisis Connection argues that pursuant to Indiana Code Section 35-37-6-9, it is a "victim advocate" or "victim service provider" and thus may not be compelled to produce records in any judicial proceeding. Fromme counters that allowing Crisis Connection to claim absolute privilege in this case would violate his Fifth and Sixth Amendment rights. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]

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 May 24, 2010 06:41 AM
Posted to Upcoming Oral Arguments