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Monday, September 27, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/27/10):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 10/4/10):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/27/10):
Tuesday, September 28th
- 10:30 AM - Kent and Elizabeth Hizer v. James and Rebecca Holt (71A03-1002-PL-127) - Kent and Elizabeth Hizer purchased a home from James and Rebecca Holt without having it inspected. Shortly after the purchase, the Hizers discovered several problems with the home including a water leak into the basement. The Hizers filed a complaint in St. Joseph Superior Court against the Holts alleging fraud and breach of contract. The trial court granted the Holts' motion for summary judgment, and the Hizers appeal. Specifically, the Hizers argue that the Holts made fraudulent statements on the statutory Sales Disclosure Form, required by Indiana Code section 32-21-5-10, and that the Holts are liable for the allegedly fraudulent statements despite the Hizers' failure to inspect the home prior to closing. The Scheduled Panel Members are: Judges May, Mathias and Brown. [Where: Allen County Public Library Downtown, 900 Library Plaza, Fort Wayne, Indiana]
- 11:00 AM - Hemrick's Diesel Service v. City of Evansville (82A01-1003-PL-109) - Hamrick's Diesel Service & Trailer Repair, LLC placed a bid for a service contract for the towing and storage of nuisance, wrecked, and impounded vehicles with the City of Evansville-Vanderburgh County Purchasing Department. Tri-State Towing, Inc. placed the only competing bid. Evansville selected Tri-State's bid; Vanderburgh County selected Hamrick's bid. On appeal, Hamrick's claims that Evansville improperly accepted Tri-State's bid because Tri-State's bid did not comply with the terms of the bid announcement. The Scheduled Panel Members are: Judges Najam, Bailey and Robb. [Where: Shircliff Auditorium, Vincennes University, Vincennes, Indiana]
Wednesday, September 29th
- 2:00 PM - City of Indianapolis, et al v. Clarke Kahlo, et al (49A05-0912-CV-722) - Clarke Kahlo and Howard Elder filed a purported class action complaint against the City of Indianapolis, the Metropolitan Development Commission, and the Indiana Sports Corporation (collectively "Defendants") seeking declaratory, injunctive, and monetary relief on the ground that Defendants had failed to follow the statutory procedure set out in Indiana Code Chapter 36-7-15.1 for modifying a redevelopment agreement involving property commonly known as Pan Am Plaza in Indianapolis. Defendants counter that Kahlo and Elder lack standing to bring this action. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 10/4/10):
Next Monday, October 4th
- 3:00 PM - Quintez Deloney vs. State of Indiana (22A01-0906-CR-273) - Quintez Deloney appeals his conviction of Class A felony attempted robbery resulting in serious bodily injury and Class B felony burglary resulting in bodily injury. The parties will argue whether expert testimony regarding DNA found on a red hat at the scene of the crime should have been admitted when that expert could not state a statistical probability that Deloney was the source of the DNA, and instead would say only that the analysis could "not exclude" Deloney as a contributor of the DNA. Also at issue is the propriety of Deloney's eighty-year sentence. The Scheduled Panel Members are: Judges Bailey, May and Brown. [Where: Shanklin Theatre, Hyde Hall, University of Evansville]
Next Tuesday, October 5th
- 10:00 AM - Rex E. Breeden Revocable Trust vs. Rebecca Jan Hoffmeister-Repp (03A04-1003-CT-185) - Plaintiff appeals trial court's entry of summary judgment in an action for rescission/damages arising from a contract for the sale of residential real estate. Plaintiff contends that the trial court erred and that there are material questions of fact they make summary judgment inappropriate. The threshold issue is whether the contract is exempt from the Residential Real Estate Disclosure Act because the purchaser was a revocable trust and the statute excludes transfers to a living trust from its applicability. The second issue raised is whether under general principles of contract and tort law, the defendant has demonstrated that she is entitled to summary judgment. The Scheduled Panel Members are: Judges Riley, Kirsch and Bailey. [Where: Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - Hunt Construction Group vs. Shannon D. Garrett (49A02-1001-CT-86) - This case deals with liability for a workplace injury on the Lucas Oil Stadium project. The trial court ruled in favor of the Plaintiff, ruling that Hunt Construction Group was liable for her injuries. Hunt Construction argues that since the owner, not Hunt Construction, held the contracts from her employer that the Owner should be liable. The Scheduled Panel Members are: Judges Friedlander, Barnes and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Wednesday, October 6th
- 1:00 PM - Stacey Price v. State of Indiana (34A02-1004-CR-366) - Stacy Price was convicted following a jury trial of dealing in cocaine, a Class A felony. On appeal, Price argues the trial court erred in admitting two exhibits offered by the State over her objection because the State failed to prove the chain of custody. The Scheduled Panel Members are: Judges May, Robb and Vaidik. [Where: Benton Central Jr.-Sr. High School, 4241 East 300 South, Oxford, Indiana 47971]
Next Thursday, October 7th
- 10:00 AM - Sharon Gill, on her own behalf and on behalf of the Estate of GALE GILL vs. Evansville Sheet Metal Works, Inc. ( 49A05-0912-CV-699) - Gale Gill died of lung cancer which his wife, Sharon Gill, alleges was caused by exposed to asbestos while he worked as a contractor at Evansville Sheet Metal Works. On behalf of her husband's estate, Sharon appeals the trial court's summary judgment in favor of Evansville Sheet Metal Works. The Appellant presents the following issue for our review on appeal: whether the trial court properly granted summary judgment where the Appellees failed to meet their burden to establish that Indiana Code section 32-3-1-5 (the Construction Statute of Repose) applies to this case to bar Sharon's claim. The Scheduled Panel Members are: Judges Riley, Kirsch and Bailey. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - Sheila Perdue, et al vs. Anne Waltermann Murphy, et al (49A02-1003-PL-250) - The ACLU of Indiana brought a class action complaint, pursuant to 42 U.S.C. § 1983, to enjoin practices of the Indiana Family and Social Services Administration whereby adverse action notices were issued to applicants and recipients of assistance under Medicaid, Temporary Assistance to Needy Families, and Supplemental Nutrition Assistance Program, which notices generically alleged a failure to cooperate but did not specify which verification document was not provided (according to FSSA records). The complaint further alleged that, with respect to SNAP, the FSSA failed to comply with the federally-mandated "refusal to cooperate" standard, instead implementing a "failure to cooperate" standard. With regard to Sheila Perdue, it was also alleged that the FSSA violated the Americans with Disabilities Act of 1990. Upon cross-motions for summary judgment, the trial court found that, despite the lack of specificity in an adverse action notice, the FSSA procedures (as a whole) satisfied due process requirements and FSSA was entitled to partial summary judgment in that regard. However, the trial court issued a declaratory judgment and injunction against the FSSA on two bases: that the FSSA had, in violation of federal law governing SNAP, utilized a "failure to cooperate" standard as opposed to a "refusal to cooperate" standard, and had violated Perdue's rights under the ADA. The parties now cross-appeal. The Scheduled Panel Members are: Judges Riley, Kirsch and Bailey. [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 September 27, 2010 07:00 AM
Posted to Upcoming Oral Arguments