Monday, April 11, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/11/11):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 4/18/11):
Thursday, April 21st
- 9:00 AM - Sarah Haag, et al. v. Mark Castro, et al. (29S04-1102-CT-118) - After several members of a Carmel youth soccer team were injured in an automobile accident in Colorado, the team members filed a declaratory judgment action against Virginia Surety, which had issued an insurance policy to the Indiana Youth Soccer Association, a governing body for youth soccer in Indiana. The trial court granted summary judgment to Virginia Surety, and a divided panel of the Court of Appeals affirmed, holding under the relevant policy language that the automobile was not being used "in the business of" the IYSA at the time of the accident. Haag v. Castro, 934 N.E.2d 189 (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 Sept. 28, 2010, 2-1 COA opinion. The issue: "Whether the trial court erred by determining that the injuries sustained in a rollover accident by the players of the Carmel Commotion Soccer Team were not covered by the Virginia Surety insurance policy issued to the Indiana Youth Soccer Association ("the IYSA")."
- 9:45 AM - D.C. v. State of Indiana (49S02-1102-JV-116) - After D.C. was adjudicated delinquent for an act that would be Class A felony burglary if committed by an adult, the juvenile court ordered both a determinate and an indeterminate commitment to the Department of Correction. The Court of Appeals affirmed D.C.'s commitment to the DOC but held the applicable statutes providing for determinate and indeterminate commitments are mutually exclusive. The Court of Appeals remanded with instructions that the juvenile court impose a determinate commitment only. D.C. v. State, 935 N.E.2d 290 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transferthe case and has assumed jurisdiction over the appeal.
ILB: This was an Oct. 14, 2010 COA opinion where the COA ruled: "Concluding the juvenile court did not abuse its discretion in ordering a commitment to the DOC but erroneously ordered both a determinate and an indeterminate commitment where those dispositions are mutually exclusive by statute, we affirm in part and reverse and remand in part."
- 10:30 AM - David Snyder v. J. Bradley King, et al. (94S00-1101-CQ-50) - Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of Indiana certified the following question of Indiana law for the Indiana Supreme Court's consideration, which the Indiana Supreme Court accepted on February 11, 2011. The question, as framed by the district court, is:
Does the term "infamous crime" as used in Article II, Section 8, of the Indiana Constitution include conviction of and imprisonment for a misdemeanor battery, so as to permit removal of the convicted person's voter registration from the official list of registered voters pursuant to Indiana Code §§ 3-7-13-4 and 3-7-46-1 and -2?
ILB: For background, see this Feb. 24, 2011 ILB entry, which includes links to earlier ILB entries on states that prohibit felons from voting -- Indiana's prohibition applies to all incarcerated persons, whether imprisoned for a felony, or a misdemeanor.
Webcasts of Supreme Court oral arguments are available here.
This 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] Rescheduled to 05/04/2011
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]
Next week's oral arguments before the Court of Appeals (week of 4/18/11):
Tuesday, April 19th
- 10:05 AM - Maurice A. Davis v. State of Indiana (49A02-1008-PC-1005) - In 2002, Maurice Davis was convicted of possession of cocaine with intent to deliver, a Class A felony, and sentenced to forty years. In 2004, Davis petitioned for post-conviction relief, alleging that he received ineffective assistance of counsel at his trial when his counsel failed to investigate and call witnesses who were present at the scene of his arrest and would have contradicted the State's evidence. Davis appeals the post-conviction court's denial of his petition for relief. The Scheduled Panel Members are: Chief Judge Robb and Judges Friedlander and Crone. [Where: Rochester High School, One Zebra Lane, Rochester, Indiana]
- 1:00 PM - Justin Corwin v. State of Indiana (79A04-1005-CR-296) - In this interlocutory appeal, Justin Corwin appeals the trial court's denial of his motion to suppress evidence regarding a police officer's discovery, during a Terry Stop, of a bottle containing a prescription medication for which Corwin did not have a valid prescription. The Scheduled Panel Members are: Judges Riley, May, and Mathias. [Where: Taylor University, Ayres Alumni Memorial Building, Room 215, Upland, Indiana]
Wednesday, April 20th
- 12:30 PM - Josh Gold et al. v. Cedarview Management Corp, et al. (53A04-1007-PL-451) - The trial court determined Mixed Greens breached its settlement agreement and lease with Cedarview Management Corp., and ordered Mixed Green's guarantors, Josh, Mitch, and Andrea Gold (hereinafter "the Golds") to pay damages. The Golds claim the court erred by considering extrinsic evidence, determining Mixed Greens breached the lease, and ordering the Golds to pay the damages due to Cedarview Management Corp. personally. The Scheduled Panel Members are: Judges Friedlander, May, and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Robert L. Clark and Debra Clark v. Robert L. Clark, Sr. (01A02-1007-CT-759) - Robert L. Clark, Jr. (Junior) was injured when he was struck by a car driven by his father. The trial court granted summary judgment for the father, on the ground that Junior was being transported in or upon the motor vehicle for purposes of the application of the Indiana Guest Statute, Ind. Code § 34-30-11-1. The Scheduled Panel Members are: Chief Judge Robb and Judges May and Vaidik. [Where: Court of Appeals Courtroom (WEBCAST)]
- 4:00 PM - Trinda Barocas v. State of Indiana (49A02-1007-CR-732) - Trinda Barocas was a special education teacher who was convicted of battery after she "flicked" a student's tongue with her finger so the student would put her tongue back in her mouth. Barocas argues her conviction was improper because teachers are legally justified in taking reasonably necessary disciplinary actions. The Scheduled Panel Members are: Judges Bailey, May, and Brown. [Where: Ivy Tech Community College - Evansville, Main Campus, Vectren Auditorium, Room 147, 3501 First Avenue, Evansville, IN]
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 11, 2011 09:21 AM
Posted to Upcoming Oral Arguments