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Monday, December 20, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 12/20/10):
Wednesday, December 22nd
- 9:00 AM - Steven Siwinski v. Town of Ogden Dunes (64S03-1010-CV-599) - The Town sued the Siwinskis alleging they violated a zoning ordinance by occasionally renting out their home on a short-term basis, The Porter Superior Court granted the Town summary judgment and injunctive relief and fined the Siwinskis. The Court of Appeals reversed and ordered summary judgment for the Siwinskis. Siwinski v. Town of Ogden Dunes, 922 N.E.2d 751 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: For background see this March 17, 2010 ILB entry headed "Short-term rentals OK in Ogden Dunes."
- 9:45 AM - Cornelius Lacey, Sr. v. State of Indiana and Damion Wilkins v. State of Indiana (02S05-1010-CR-601) - Police executed a search warrant without first knocking on the door to Lacey’s residence. Lacey and Wilkins were charged with possession of a firearm by a serious violent felon and possession of marijuana. The Allen Superior Court denied motions to suppress evidence obtained during the search. The Court of Appeals reversed, holding that the “no-knock” execution of the search warrant was unreasonable under the Indiana Constitution. Lacey v. State, 931 N.E.2d 378 (Ind. Ct. App. 2010), vacated, and Wilkins v. State, 930 N.E.2d 652 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: For background on both these COA opinions from July 27, 2010, see this ILB entry quoting a story headed "No-knock’ entry costly for city police: Court tosses drug-case evidence."
- 10:30 AM - Tom George, et al. v. National Collegiate Athletic Association (94S00-1010-CQ-544) - Pursuant to Indiana Appellate Rule 64, the United States Court of Appeals for the Seventh Circuit certified the following questions of Indiana law for the Indiana Supreme Court’s consideration, which the Indiana Supreme Court accepted on October 29, 2010. The questions, as framed by the circuit court, are:
1. Do the plaintiffs’ allegations about the NCAA’s method for allocating scarce tickets to championship tournaments describe a lottery that would be unlawful under Indiana law?
2. If the plaintiffs’ allegations describe an unlawful lottery, would the NCAA’s method for allocating tickets fall within the Ind. Code § 35-45-5-1(d) exception for “bona fide business transactions that are valid under the law of contracts”?
3. If the plaintiffs’ allegations describe an unlawful lottery, do plaintiffs’ allegations show that their claims are subject to an in pari delecto defense as described in Lesher [ v. Baltimore Football Club], 496 N.E.2d [785,] 790 n.1[ (Ind. Ct. App. 1986)] , and Swain v. Bussell, 10 Ind. 438, 442 (1858)?
ILB: For background, see this Oct. 18, 2010 ILB entry headed "NCAA issues sent by 7th Circuit to the Indiana Supreme Court."
Next week's oral arguments before the Supreme Court (week of 12/27/10):
- No oral arguments currenly scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 12/20/10):
- No oral arguments currenly scheduled.
Next week's oral arguments before the Court of Appeals (week of 12/27/10):
- No oral arguments currenly 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 December 20, 2010 08:13 AM
Posted to Upcoming Oral Arguments