Monday, June 21, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/21/10):
Thursday, June 24
- 9:00 AM - Bradley Love v. Robert Rehfus (
Bradley Love, a firefighter, filed a complaint against Fire Chief Rehfus and the Sugar Creek Township Fire Department alleging his termination by the Chief violated his First Amendment rights. The Hancock Circuit Court granted the defendants summary judgment. The Court of Appeals reversed and remanded addressing whether an email sent by Love was speech protected by the First Amendment, and whether the Township could be held liable if the Chief's termination violated Love's rights. Love v. Rehfus, 918 N.E.2d 448 (Ind. Ct. App. 12/22/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Jeffrey Tharp v. State of Indiana (49S02-1005-CR-256) -
The Marion Superior Court found Tharp guilty of invasion of privacy, a Class A misdemeanor, with respect to a protective order. The Court of Appeals reversed. Tharp v. State, 922 N.E.2d 641 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB - ILB summary of Feb. 18, 2010 COA opinion here, 4th case, where the Court wrote: "Because the State did not prove Tharp knew he was subject to an active order of protection, we reverse his conviction."
Next week's oral arguments before the Supreme Court (week of 6/28/10):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 6/21/10):
Tuesday, June 22nd
- 10:00 AM -
S. T. v. Community Hospital North In-Patient Psychiatric Unit (49A04-0910-CV-617) - S.T. was ordered committed to the Community Hospital psychiatric unit on the ground she was dangerous to herself or others. She had attempted suicide by ingesting a bottle of Tylenol. After she was admitted, she verbally expressed anger but was not violent toward anyone, and she swallowed some earrings. She argues that evidence was insufficient to support the determination she was dangerous. The Scheduled Panel Members are: Judges Bailey, May and Barnes. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Samuel Neal v. William J. Cure, et al (49A04-0908-CV-468) - Neal sued Cure after a pollutant leaked from Cure's property onto Neal's. Cure's tenant, a dry cleaner, occupied Cure's property when the pollution occurred. The trial court granted summary judgment for Cure on the ground Cure was not responsible for the tenant's actions and had no duty to prevent the pollution, and Neal appeals. The Scheduled Panel Members are: Judges Bailey, May and Barnes. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 6/28/10):
Next Tuesday, June 29th
- 2:00 PM - Canteen Service Company of Indianapolis v. Indiana Department of Transportation (82A04-0908-CV-466) - Canteen Service Company of Indianapolis, Inc. ("Canteen") appeals the trial court's judgment in favor of the Indiana Department of Transportation ("INDOT") on Canteen's claim for damages from an alleged inverse condemnation after INDOT removed Canteen's access to First Avenue in Evansville. Canteen raises two issues on appeal: (1) whether Canteen had sold the land it used for direct access to First Avenue before INDOT removed that access; and (2) whether INDOT's displacement of Canteen's access to First Avenue by 210 feet, and by way of a frontage road, amounted to a "taking" under Indiana law. The Scheduled Panel Members are: Judges Najam, Vaidik and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Wednesday, June 30th
- 10:00 AM - Warren Rodrick Bullock v. State of Indiana (32A01-0908-CR-401) - Following a bench trial, Warren Rodrick Bullock was convicted of domestic battery in the presence of a child, a Class D felony, and criminal confinement as a Class D felony. On April 21, 2009, Bullock's wife, L.B., called 911 to report that her husband had kicked her and dragged her out of their bedroom. After the police arrived, L.B. wrote out and signed a voluntary statement setting forth the facts relating to the incident. On April 27, 2009, L.B. wrote out and signed a recantation of the statements previously made in her voluntary statement. At trial, L.B. testified that Bullock had not touched her; instead, testifying that she lied to the police in order to get him in trouble. On appeal, Bullock raises the following three issues: (1) Whether the trial court erred in admitting, over Bullock's hearsay objection, L.B.'s prior inconsistent statements regarding the offense, which were contained in her voluntary statement; (2) Whether the trial court erred in excluding the hearsay testimony of a defense witness whose statements were intended to support L.B.'s in-court statements; and (3) Whether the trial court abused its discretion in allowing an investigating officer to testify regarding prior inconsistent statements made by a prosecution witness who had already testified and been released by the court. The Scheduled Panel Members are: Judges Friedlander, Kirsch and Robb. [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 June 21, 2010 08:28 AM
Posted to Upcoming Oral Arguments