Monday, September 06, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/6/10):
Thursday, September 9th
- 9:00 AM - Killbuck Concerned Citizens Assoc., et al. v. J.M. Corp., et al (
48S00-1003-PL-158) - The Madison Superior Court ruled that IC 13-20-2-11, which relates to landfill permits, was unconstitutional and entered summary judgment for the owners, Appellees J.M. Corporation and Ralph Reed. In this civil direct appeal, nearby residents assert the trial court erred in declaring the statute unconstitutional and should have entered summary judgment for them. Appellees also raise several cross-appeal issues relating to the statute.
Next week's oral arguments before the Supreme Court (week of 9/13/10):
Next Monday, September 13th
- 12:00 PM - Cassie Pfenning v. Joseph Lineman, et al. (
27S02-1006-CV-331) - After Cassie Pfenning was struck by a golf ball while driving a beverage cart on a golf course, she filed a complaint for negligence against her grandfather who invited her to the golf event, the golfer who hit the ball that struck her, the Elks County Club where the event was held, and Whitey's 31 Club Inc., which sponsored the event. The Grant Superior Court entered summary judgment for all the defendants. The Court of Appeals affirmed. Pfenning v. Lineman, 922 N.E.2d 45 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Note: This argument will be held at Indiana University Maurer School of Law; Bloomington, IN]
ILB - In this 2-1, 2/15/10 COA opinion (ILB summary here) Judge Kirsch's dissent begins:
Hmmm. After being abandoned by her grandfather and his sister, in whose care she had been entrusted, a sixteen-year-old girl, without training or experience in golf course safety or etiquette, is injured at a golf outing sponsored by a bar, while she is driving a beverage cart loaded with beer dispensed by one of the bar's employees. Surely, there is a duty here someplace.
Next Thursday, September 16th
- 9:00 AM - Tyrus D. Coleman v. State of Indiana ( 20S03-1008-CR-458) - Coleman was charged with murder for killing one person, and attempted murder for shooting another person. At his first trial, a jury found Coleman not guilty of murder, but the jury was unable to reach a verdict on the attempted murder charge. Coleman was retried on the attempted murder charge and found guilty by a jury in the Elkhart Circuit Court. A divided Court of Appeals reversed the conviction, holding that the doctrine of issue preclusion barred the re-trial. Coleman v. State, 924 N.E.2d 659 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/6/10):
Wednesday, September 8th
- 1:30 PM - In Re: The Matter of Power of Attorney of Xenia A. Miller (03A01-0912-CV-586) - Accounting matters involving the propriety of interrelated acts performed by the Fiduciaries: when expending funds as attorneys-in-fact and when authorizing the release of funds from a trust for expenditures. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Thursday, September 9th
- 10:00 AM - The Village Pines at the Pines of Greenwood Homeowners Association, Inc., v. The Pines of Greenwood Homeowners Association, Inc. (41A01-0912-CV-568) - The Greenwood City Council approved The Pines of Greenwood ("The Pines") as a Planned Unit Development ("PUD"), enacting an ordinance to that effect. Thereafter, The Pines was developed, and two separate homeowners' associations were established therein: The Village Pines at the Pines of Greenwood Homeowners' Association, Inc. ("VP HOA"), and The Pines of Greenwood Homeowners' Association, Inc. ("POG HOA"). Subsequently, a dispute arose between the residents pertaining to the use of certain areas within The Pines. Pursuant to the terms of the ordinance, did the trial court err when it did not (1) enjoin enforcement by POG HOA of its covenants limiting the use of its common areas; (2) create covenants establishing a master homeowners' association for The Pines; and (3) order reformation of the existing covenants for The Pines' two homeowners' associations? The Scheduled Panel Members are: Judges Darden, Bradford and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 9/13/10):
Next Monday, September 13th
- 2:00 PM - Belle City Amusements, Inc. v. Doorway Promotions, Inc. (35A05-0912-CV-711) - On July 27, 2007, Belle City Amusements, Inc. ("Belle City") and Doorway Promotions, Inc. ("Doorway") entered into an agreement whereby Belle City agreed to provide midway entertainment in 2008 and 2009 for a festival being promoted by Doorway. After the 2008 festival, Belle City informed Doorway that it would not perform the remainder of the agreement. On March 2, 2009, Doorway filed a complaint against Belle City for breach of contract. Following a bench trial on November 12, 2009, the trial court awarded Doorway damages in the amount of 1) $17,500.00 for the loss of income in 2009; 2) $70,000.00 for the future loss of income in the years 2010, 2011, 2012, and 2013; and 3) $24,000.00 for the 2009 midway-site rental fee. Belle City now appeals. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Tuesday, September 14th
- 1:30 PM - Alesa Pack v. Indiana Family and Social Services Administration (89A05-1004-PL-240) - Alesa Pack sought Medicaid benefits on the basis of claimed physical and psychiatric disabilities. The Indiana Family and Social Services Administration denied benefits. On appeal, Pack asserts that the ALJ's decision was made without reference to uncontroverted evidence, misstated the record, and is unsupported by substantial evidence. The Scheduled Panel Members are: Judges Riley, Kirsch and Bailey. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Thursday, September 16th
- 1:00 PM - Anthony Parish v. State of Indiana (02A03-1002-CR-74) - During a traffic stop, a Fort Wayne Police Department officer searched the locked glove box of the car driven by Appellant Anthony Parish, while Parish was handcuffed and in police custody. Inside the glove box, the officer found a handgun, a scale, and marijuana. These items were seized during the stop, but Parish was not arrested for conduct involving the items at that time. Parish was later charged with murder, felony murder, robbery, and two counts of carrying a handgun without a license, all pertaining to the death of a third party in another incident that occurred prior to this arrest and search. The trial court in the murder case denied Parish's motion to suppress the evidence found in the glove box and overruled his trial objections to the admission of the evidence. Based in part on the admission of the glove box handgun as the murder weapon, Parish was found guilty as charged. On appeal, Parish claims that the search of his glove box was not based on a reasonable fear for officer safety and therefore exceeded the scope of the officer's authority to search the car. The Scheduled Panel Members are: Judges Riley, Mathias and Bradford. [Where: Wynne Moot Courtroom, Indiana University School of Law, Indianapolis]
Next Friday, September 17th
- 1:30 PM - Maurice Porter v. State of Indiana (20A03-0912-CR-570) - Following a jury trial, Maurice Porter was convicted of two counts of Class C felony Nonsupport of a Dependent. Porter had previously been convicted of two counts of Class D Nonsupport of a Dependent. He claims that the same arrearage was used as the basis of the current and prior convictions in violation of double jeopardy principles. He also alleges that without the previous child support arrearage, the evidence is insufficient to sustain his two Class C felony convictions. The Scheduled Panel Members are: Judges Kirsch, Bailey and Brown. [Where: Franklin County Courtroom, Brookville, 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 September 6, 2010 10:35 AM
Posted to Upcoming Oral Arguments