Monday, October 18, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/18/10):
Wednesday, October 20th
- 9:00 AM - Mauricio Martinez v. State of Indiana (49A02-0910-CR-948) - The Marion Superior Court admitted Martinez's confession into evidence, and a jury found him guilty of murder. The Court of Appeals rejected Martinez's argument that his confession had not been voluntary, and affirmed the conviction in an unpublished memorandum decision, Martinez v. State, No. 49A02-0910-CR-946, slip op. (Ind. Ct. App. May 17, 2010), trans. pending. Arguing that he misapprehended his Miranda rights, which had been given to him in Spanish, Martinez has petitioned the Supreme Court to accept jurisdiction over the appeal.
- 9:45 AM - In re: the matter of A.B., a Child Alleged to be a Delinquent (71S00-1002-JV-156) - The St. Joseph Probate Court entered an order modifying the disposition in this juvenile delinquency case, placing the juvenile in an out-of-state program, and requiring the Indiana Department of Child Services ("DCS") to pay for the placement. In doing so, the court found that DCS's recommendations for in-state placement were unreasonable and not in A.B.'s best interests and that several statutes giving DCS a role in the placement of juveniles are unconstitutional. DCS appeals directly to the Supreme Court.
ILB: This case involves the issue of the DCS and the courts re who has authority relating to the placement of children in out-of-state rehabilitation and treatment programs. The ILB has had a long list of entries on this issue. See particuarly this Oct. 16, 2009 entry.
- 10:30 AM - State of Indiana ex rel. Gregory F. Zoeller v. Aisin USA Manufacturing, Inc. (36S01-1009-CV-469) - The State sued to recover money sent to a corporate taxpayer as an erroneous tax refund, but the Jackson Superior Court ruled that it lacked subject matter jurisdiction to hear the case and dismissed. The Court of Appeals affirmed. State ex rel. Gregory F. Zoeller v. Aisin USA Mfg., Inc., 926 N.E.2d 83 (Ind. Ct. App. April 27, 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: The April 27, 2010 COA opinion is summarized in this ILB entry. The issue is whether the tax court, rather than the Jackson Superior Court, had exclusive jurisdiction over the subject matter of the State's claims.
Next week's oral arguments before the Supreme Court (week of 10/25/10):
Next Thursday, October 28th
- 9:00 AM - Gibraltar Financial Corp. v. Prestige Equipment Corp. (20A03-0910-CV-495) - The Elkhart Superior Court entered a summary judgment in favor of Prestige and other defendants after applying the Uniform Commercial Code and determining that the lease at issue was a true lease and not a disguised security agreement. The Court of Appeals affirmed. Gibraltar Financial Corp. v. Prestige Equipment Corp., 925 N.E.2d 751 (Ind. Ct. App. April 14, 2010). Gibraltar has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: Note that transfer has not yet been granted in this case. From the April 14, 2010 ILB summary: "To paraphrase Sigmund Freud, sometimes a lease is just a lease. The appellant herein argues that a lease entered into between two businesses was actually a disguised sale subject to an unofficial security interest. After applying the relevant statute and examining the underlying circumstances of the transaction, we find that the lease was just that—a lease."
- 9:45 AM - The City of Indianapolis, et al. v. Christine Armour, et al. (49S02-1007-CV-402) - The Marion Superior Court granted summary judgment to certain property owners who claimed that the City's failure to refund part of the sewer project assessment charges they had paid in full, when the City forgave the outstanding balances owed by their neighbors, violated the property owners' federal constitutional right to equal protection. The Court of Appeals affirmed. City of Indianapolis v. Armour, 918 N.E.2d 401 (Ind. Ct. App. Dec. 18, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See this Dec. 30, 2010 ILB entry headed "Indy Northwest side residents win lawsuit over sewer hookups."
- 10:30 AM - Howard Regional Health System, et al. v. Jacob Gordon, et al. (34S02-1009-CV-476) - Gordon, by his mother as next friend, brought a complaint for damages against Howard Community Hospital, alleging its loss of certain medical records associated with Gordon's care made it impossible for Gordon to pursue a medical malpractice claim against one of the doctors who provided care to Gordon. The trial court awarded partial summary judgment to Gordon, and the Court of Appeals affirmed on interlocutory appeal. Howard Regional Health System v. Gordon, 925 N.E.2d 453 (Ind. Ct. App. April 16, 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: The April 27, 2010 COA opinion is summarized in this ILB entry. "Gordon filed a motion for partial summary judgment against the Hospital for spoliation of evidence, and the trial court granted that motion. We affirm."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 10/18/10):
Tuesday, October 19th
- 10:30 AM - R.H. v. State of Indiana (71A03-1003-JV-206) - Whether the juvenile court abused its discretion by awarding custody of R.H. to the Department of Correction. The Scheduled Panel Members are: Chief Judge Baker, Judges Vaidik and Najam. [Where: Supreme Court Courtroom (WEBCAST)]
- 1:00 PM - Jamarr Da-Juan Williams v. State of Indiana ( 45A03-1001-CR-39) - Jamarr Da-Juan Williams was convicted following a jury trial of voluntary manslaughter, battery, and attempted battery, and sentenced to thirty years. On appeal, Williams argues the trial court committed fundamental error in refusing to instruct the jury regarding the lesser-included offense of involuntary manslaughter. He also argues the evidence was insufficient to rebut his claim of self-defense. The Scheduled Panel Members are: Judges Kirsch, Robb and Mathias. [Where: Valparaiso High School, 2727 Campbell Street, Valparaiso, Indiana ]
Wednesday, October 20th
- 10:30 AM - David A. Lanham v. State of Indiana (60A01-1003-CR-114 ) - David Lanham was convicted of Possession of Marijuana and Possession of Paraphernalia. On appeal, he claims that the trial court abused its discretion by admitting evidence gained during a search of his residence. More specifically, Lanham contends that the search warrant rested solely upon uncorroborated hearsay from a juvenile informant and thus was not supported by probable cause as required by the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution. The Scheduled Panel Members are: Judges Darden, Bailey, and Sr. Judge Barteau. [Where: Oakland City University, 405 I Street, Bedford, Indiana ]
- 1:30 PM - Town of Avon v. West Central Conservancy District, et al (32A05-1003-PL-149) - Appellant is appealing the trial court's granting of Summary Judgment as to whether a municipality has the authority to regulate the withdrawal of groundwater when the scarcity of the water supply has been documented by experts. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
- ??? - Charles E. Green v. State of Indiana (49A05-1001-CR-37) - STILL, AS WAS THE CASE LAST WEEK, NO OTHER INFO POSTED
ILB: From the docket I have gleaned that the oral argument is to be at 9:00 am at NW High School in Kokomo. The scheduled panel: Judges Riley, Robb, and Bradford.
Next week's oral arguments before the Court of Appeals (week of 10/25/10):
Next Monday, October 25th
- 10:00 AM - Natasha R. Lafave v. State of Indiana (16A01-1006-CR-271 ) - Natasha Lafave was convicted of illegal consumption of alcohol while under the age of twenty-one. Lafave challenges her conviction on the ground that, as an overnight guest at a friend's house, she was entitled to the protections extended to houseguests under the Fourth Amendment to the U.S. Constitution. She asserts that the State failed to establish the existence of one of the exceptions to the Fourth Amendment's warrant requirement to enter a residence for the purposes of a search and that police entry into the house in which she was arrested was therefore unconstitutional. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb. [Where: Rushville Consolidated High School, Rushville, Indiana]
Next Tuesday, October 26th
- 11:00 AM - Anne W. Murphy v. Paul Terrell (49A04-1003-PL-198) - Appellants/Defendants Anne W. Murphy and Patricia Casanova, in their official capacities ("the State"), appeal the trial court's order in favor of Appellee/Plaintiff Paul Terrell, on behalf of himself and a Class of those similarly situated ("Class Members"). On appeal, the State claims that the trial court incorrectly held that unsuccessful applicants for Medicaid disability benefits have a constitutional right to an in-person administrative hearing and that the notices provided to the Class Members by the State prevented the Class Members from making a knowing, voluntary, and intelligent waiver of their constitutional rights. Alternatively, the State claims that the trial court improperly ordered class-wide relief, even though it determined that the Class Members had not established the risk of an erroneous determination on a class-wide basis. The Scheduled Panel Members are: Judges Darden, Bradford and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
- 2:30 PM - Elizabeth Littlefield v. State of Indiana (49A02-1003-CR-266) - Elizabeth Littlefield was arrested when police responded to a domestic dispute between Littlefield and her husband. She was charged with and convicted of disorderly conduct for making unreasonable noise and continuing to do so after being asked to stop during the investigation. Littlefield contends on appeal that her arrest was inappropriate because the arresting officer did not act in accordance with police department policies for handling encounters with the mentally ill. She further contends the comments leading to her conviction were political speech protected by Article 1, section 9 of the Indiana Constitution. The Scheduled Panel Members are: Judges Friedlander, Bailey and Robb. [Where: DePauw University, Greencastle, Indiana ]
Next Wednesday, October 27th
- 2:00 PM - Warren J. Williams, et al v. David Orentlicher, et al (49A02-1003-PL-249) - Appellants Williams and Frankel are former employees for the Indiana State Teachers Association ("ISTA"). By virtue of their positions with ISTA, Williams was a trustee of the ISTA Insurance Trust and Frankel was the Director of the Trust. They bring this interlocutory appeal from the trial court's order denying their motion to compel arbitration. Williams and Frankel raise the following issue for review: whether the arbitration clause of their ISTA employment agreement applies to positions held ex officio. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Thursday, October 28th
- 12:48 PM - Darren J. Witt v. State of Indiana (45A05-1005-PC-319 ) - Darren Witt appeals the denial of his petition for post-conviction relief, whereby he challenged his sentence of life without parole imposed following his plea of guilty to Murder. He presents two arguments: that his sentence is unconstitutional because he is a mentally retarded individual, and that he was denied the effective assistance of trial counsel The Scheduled Panel Members are: Judges Bailey, Robb and Brown. [Where: Columbus North High School, 1400 25th Street, Columbus, 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 October 18, 2010 07:00 AM
Posted to Upcoming Oral Arguments