Monday, April 04, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/4/11):
Wednesday, April 6th
- 9:00 AM - Indiana Spine Group, P.C. v. Pilot Travel Centers, LLC (93S02-1102-EX-90) - Indiana Spine Group filed an application with the Worker's Compensation Board ("Board") seeking the outstanding balance on a bill for medical treatment provided to an employee with the approval of Pilot Travel Centers, the employer. The Board dismissed the application on grounds it was time barred by the Worker's Compensation Act's statutes of limitations. The Court of Appeals reversed and remanded. Indiana Spine Group, P.C. v. Pilot Travel Centers, LLC , 931 N.E.2d 435 (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 was an Aug. 10, 2010 COA opinion. Some quotes: "Did the Board err in determining that it did not have jurisdiction because the Application was filed outside the statute of limitations set out in the Worker’s Compensation Act (the Act)? We reverse and remand. * * * We reject Pilot’s invitation to apply the statute of limitations set out in I.C. § 22-3-3-27, which by its plain language is not applicable here. In fact, application in this context could lead to absurd results."
- 9:45 AM - Franklin Electric Co. (FECI) v. Unemployment Insurance Appeals of the Department of Workforce Development (93S02-1102-EX-89) - An Administrative Law Judge ruled that two newly formed subsidiaries of a company were not new and separate employers for purposes of the Indiana Unemployment Compensation Act. The Court of Appeals affirmed, holding that the subsidiaries were not entitled to a lower unemployment tax rate than the parent company. Franklin Elec. Co. v. Unemployment Ins. Appeals of the Dep't of Workforce Dev., 928 N.E.2d 880 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: In F.E.C.I. v. Workforce Development, a June 25, 2010 opinion, the COA wrote: "Franklin Electric raises three issues, which we restate as whether the LALJ incorrectly concluded that Franklin Electric, FEM, and FES were only one employer for purposes of the Act. We affirm. * * * In summary, we conclude that the LALJ correctly disregarded the corporate forms of FEM and FES for purposes of the Act. Allowing FEM and FES to qualify as independent new employers would work an injustice to the taxpayers and citizens of the State of Indiana.
- 10:30 AM - State of Indiana v. Amanda Renzulli (32S04-1102-CR-117) - A citizen called 911 to report a drunk driver pulling into a gas station. A few moments later, police observed a car, matching the description given by the caller, backing out of a parking space at the gas station. An officer directed the driver to stop. The driver was determined to be intoxicated. The State charged Renzulli with operating a vehicle while intoxicated. The Hendricks Superior Court granted Renzulli’s motion to suppress the evidence obtained after the vehicle had been stopped. A divided Court of Appeals affirmed in State v. Renzulli, 935 N.E.2d 200 (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 was a 23-page, for publication, Oct. 5, 2010, 1-1-1 opinion where Judge Riley began the 7-page "majority" opinion with a footnote #1 that reads: "Under the criteria set forth in Appellate Rule 65, I vote not to publish this opinion."
Next week's oral arguments before the Supreme Court (week of 4/11/11):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/4/11):
Monday, April 4th
- 1:00 PM - Edward Godby v. State of Indiana (69A01-1009-CR-504 ) - Edward Godby was convicted of a number of methamphetamine-related offenses based in part on material police found in a locked box in his garage. Godby's wife consented to a search of the garage after the police gave her false information about why they wanted to search. Godby asserts the consent was therefore invalid, and even if his wife could consent to a search of the garage, she could not consent to a search of his locked box. Finally, Godby asserts he was subjected to double jeopardy because all the charged offenses were part of the same illegal course of action. The Scheduled Panel Members are: Judges Bailey, May, and Brown. [Where: University of Southern Indiana, University Center, Carter Hall D, Evansville, Indiana]
Tuesday, April 5th
- 2:30 PM - Uniontown Retail 36, LLC d/b/a The Lion's Den #36 v. Board of Commissioners of Jackson County (36A01-1008-MI-434) - The issue on appeal is whether the trial court erred in granting summary judgment to the Board of Commissioners of Jackson County on its action to enjoin operation of a sexually oriented business by Uniontown Retail 36, LLC d/b/a The Lion's Den #36. The Scheduled Panel Members are: Judges Najam, Darden and Bailey. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 4/11/11):
Monday, April 11th
- 11:00 AM - Estate of Eugene A. Gabriel, Jr. v. Loretta Gabriel (34A04-1007-ES-438) - This case stems from a Petition to Determine Heirship and counterclaim. The trial court charged the personal representative of the Estate of Eugene Gabriel, Sr., Loretta Gabriel, with distributing assets of the estate and compromising the shares and assets of Gabe's Pizza. The personal representative of Eugene Gabriel, Jr.'s estate, Joni Gabriel, appealed. The Scheduled Panel Members are: Judges Baker, May, and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, April 12th
- 2:30 PM - Erodney D. Davis v. State of Indiana (45A05-1008-CR-502) - Erodney Davis appeals his conviction for class C Felony possession of cocaine and habitual offender. The issue on appeal is whether the court properly instructed the jury and whether they should have excluded witness's prior convictions. The Scheduled Panel Members are: Judges Baker, Friedlander, and Kirsch. [Where: Supreme Court Courtroom (WEBCAST)]
Wednesday, April 13th
- 11:00 AM - In the Matter of the Trust of Harrison Eiteljorg (49A02-1005-TR-485) - The issue on appeal is whether the probate court properly determined that the trustees of the trust breached their duty to administer according to its terms mandating distrubutions. The Scheduled Panel Members are: Judges Baker, Vaidik, and Barnes. [Where: Court of Appeals Courtroom (WEBCAST)]
- 11:00 AM - T.L. v. J.L. (54A01-1008-DR-386) - T.L. ("Mother") appeals the trial court's order denying her petition to relocate from Indiana to Tennessee with her two minor children, of whom she was granted primary custody following her dissolution of marriage. Mother argues she has legitimate, good faith reasons to move based upon her need to care for her ill grandmother who lives in Tennessee, a reduced financial burden, the children's wishes to move, and the children's relationships with family and friends in Tennessee. Mother also argues that J.L. ("Father") failed to meet his burden of showing the move would not be in the children's best interest. In making these arguments, Mother contends some of the trial court's findings of fact are clearly erroneous and that the remaining findings fail to support the trial court's judgment. The Scheduled Panel Members are: Chief Judge Robb and Judges Riley and Bradford. [Where: Lafayette Federal Building/Courthouse, 230 North Fourth Street, Lafayette, Indiana]
Friday, April 15th
- 10:00 AM - Harold York v. State of Indiana (27A02-1008-CR-956) - In this interlocutory appeal, Harold York claims the trial court erred in denying his Motion to Dismiss the charge of Failure to Register as a Sex Offender. The Scheduled Panel Members are: Judges Baker, Najam, and Crone. [Where: Franklin College, Richardson Chapel, Franklin, 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 April 4, 2011 08:57 AM
Posted to Upcoming Oral Arguments