Monday, June 28, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/28/10):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/5/10):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 6/28/10):
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)]
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)]
Next week's oral arguments before the Court of Appeals (week of 7/5/10):
Next Wednesday, July 7th
- 2:00 PM - James Eiteljorg v. Ralph E. Lean & Stan Bharti (49A05-0912-CV-679) - In this interlocutory appeal, Appellants assert that the trial court failed to give preclusive effect to a contribution bar entered as part of a final judgment in a prior action. Appellants thus maintain that the Appellee's action seeking contribution is barred by res judicata and untimely and therefore, the trial court erred in denying their motion for summary judgment. 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 28, 2010 08:00 AM
Posted to Upcoming Oral Arguments