Monday, November 15, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/15/10):
Tuesday, November 16th
- 8:30 AM - Susanne Gaudin, et al. v. J.W. Austin, et al. (07S04-1010-CV-600) - In 2009, the Brown County Commissioners enacted an ordinance dissolving a fire protection district. Gaudin and others brought suit alleging the dissolution ordinance was void because no petition to dissolve the district or repeal the ordinance establishing the district had been filed. The trial court granted summary judgment for the Commissioners, but the Court of Appeals reversed. Gaudin v. Austin, 921 N.E.2d 895 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is the Feb. 25, 2010 COA decision in the Brown County fire district case. See this ILB entry from Oct. 22, 2010. For background, see this Jan. 10, 2009 entry discussing the requested recusal of CJ Shepard because of his participation as co-chair of the Indiana Commission on Local Government Reform. See also this entry from Nov. 1st quoting a story by Laura Lane of the Bloomington Herald-Times.
Next week's oral arguments before the Supreme Court (week of 11/22/10):
Tuesday, November 23rd
- 9:00 AM - Citizens State Bank of New Castle v. Countrywide Home Loans, Inc., et al. (76S03-1009-CV-515) - In this strict foreclosure action, the trial court entered summary judgment for a mortgagee and its transferee against a judgment lien holder who had been omitted from the original foreclosure action. The Court of Appeals reversed and remanded. 922 N.E.2d 655 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See ILB summary here from March 5, 2010 - concerns Indiana law regarding priority rights when a foreclosing mortgagee sells the property to a third party.
- 9:45 AM - Noe Romo v. State of Indiana (49S04-1009-CR-499) - Over Romo’s objection, the Marion Superior Court admitted into evidence audio recordings of the defendant and an informant speaking Spanish, along with an English-translation transcript of the recording, and denied Romo’s request that the recordings be played for the jury. Romo was convicted on three counts of dealing in cocaine, a class A felony. The Court of Appeals affirmed in Romo v. State, 929 N.E.2d 805 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: A June 23, 2010 opinion (ILB summary here) involving (translated) transcripts of taped drug transactions.
- 10:30 AM - Randy Edward Johnson v. State of Indiana (53A01-1002-CR-38) - Following a jury trial in the Monroe Circuit Court, Johnson was convicted of child molesting, a class A felony. The Court of Appeals affirmed in Johnson v. State, 928 N.E.2d 893 (Ind. Ct. App. 2010), vacated. Johnson argues, in part, that the trial court should have responded differently to his complaints about his public defender.
ILB: A June 29, 2010 COA opinion: "Based on the foregoing, we conclude that the trial court conducted an adequate inquiry into Johnson’s complaints regarding the quality of his trial counsel’s representation while his criminal case was unfolding and that the State did not commit prosecutorial misconduct during closing arguments."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 11/15/10):
Monday, November 15th
- 1:00 PM - Steve Weinreb & Timber Ridge, LLC v. TR Developers, LLC & National Consumer Bank (49A05-1003-CT-152) - This case involves a default judgment entered against Appellant Weinreb and Timber Ridge, LLC. National Consumer Bank obtained a judgment of foreclosure against Timber Ridge, LLC in the amount of nearly $4,000,000 after Timber Ridge defaulted on its loan payments. Weinreb, who had executed a loan guarantee, was found jointly and severally liable with Timber Ridge, LLC for "at least" $2,027,888.50 under his loan guarantee. National Consumer Bank later assigned its judgment to TR Developers. After the default judgment was entered, Timber Ridge, LLC and Weinreb filed a motion for relief for judgment seeking a stay of foreclosure because Weinreb alleged that he did not sign the loan guarantee. The trial court denied the motion, and Weinreb did not appeal the denial of this, his first Trial Rule 60(B) motion. After National Consumer Bank assigned its judgment to TR Developers, Weinreb and Timber Ridge, LLC filed a second motion for relief from judgment, through new counsel. Again, Weinreb argued that the signature on the loan guarantee had been forged. The trial court denied this motion, and Weinreb appeals from that denial arguing that the trial court abused its discretion when it denied his second Trial Rule 60(B) motion. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, November 16th
- 1:20 PM - Cavin E. Pogue vs. State of Indiana (49A02-1001-CR-37) - Appellant/Defendant Cavin Pogue appeals his convictions for Class A misdemeanor Criminal Trespass and Class A misdemeanor Resisting Law Enforcement. Specifically, Pogue challenges whether the evidence presented during trial is sufficient to prove beyond a reasonable doubt that he lacked a contractual interest in the property in question and that he forcibly resisted, obstructed, or interfered with the lawful execution of the arresting officer's official duties. The Scheduled Panel Members are: Judges Vaidik, Barnes and Bradford. [Where: Lawrence North High School, Indianapolis, Indiana]
Next week's oral arguments before the Court of Appeals (week of 11/22/10):
- No oral arguments scheduled.
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 November 15, 2010 08:33 AM
Posted to Upcoming Oral Arguments