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Monday, April 18, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This 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.
Next week's oral arguments before the Supreme Court (week of 4/25/11):
Wednesday, April 27th
- 9:00 AM - Allstate Insurance Co. v. Timothy Clancy, et al. (45S03-1103-CV-138) - Robert and Dianna Goad, as assignees of Allstate's insured, Timothy Clancy, brought an action against Allstate alleging a bad-faith denial of coverage. When Allstate alleged as an affirmative defense that coverage was "fairly debatable," the Goads sought discovery of communications between Allstate and its coverage counsel, arguing that Allstate had waived the attorney-client privilege by raising an advice-of-counsel defense. The trial court granted the Goads' motion to compel discovery. The Court of Appeals reversed on interlocutory appeal, holding Allstate did not impliedly waive the attorney-client privilege. Allstate Ins. Co. v. Clancy, 936 N.E.2d 272 (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 Oct. 26, 2010, 2-1 COA opinion where the majority ruled: "We hold that the 'fairly debatable' defense, absent any other connection to reliance upon advice of counsel, is tantamount to a good faith defense and insufficient in and of itself to waive attorney-client privilege. Accordingly, we reverse the trial court's order compelling discovery of the challenged documents."
- 9:45 AM - Kevin Hampton v. State of Indiana (84S04-1103-PC-161) - Hampton's convictions for murder and rape were affirmed on direct appeal. The Vigo Superior Court denied post-conviction relief. The Court of Appeals affirmed, concluding that the trial court had not erred in omitting the last sentence of pattern instruction 12.01, (which says, "Where proof of guilt is by circumstantial evidence only, it must be so conclusive in character and point so surely and unerringly to the guilt of the accused as to exclude every reasonable theory of innocence.") because the issue was covered in the trial court's reasonable doubt instruction. Hampton v. State, 936 N.E.2d 1274 (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 Nov. 16, 2010 COA opinion (ILB summary here) where the Court concluded: "It follows that there was no error in omitting the requested sentence and, accordingly, appellate counsel did not fail to provide effective assistance."
- 10:30 AM - Christopher Jewell v. State of Indiana (32S04-1104-CR-200) - Following a jury trial in the Hendricks Superior Court, Jewell was convicted of multiple counts of felony sexual misconduct with a minor and other offenses, and was sentenced to an aggregate term of forty years. Before the charges were filed but at the request of a police detective, the victim obtained an incriminating statement from Jewell, which was played for the jury. Jewell argues the statement violated his right to counsel because it was obtained after he had been arrested and retained counsel with respect to another offense not at issue in this appeal. The Court of Appeals affirmed the convictions, deciding that the right to counsel is "offense specific" and concluding there had been no violation of Jewell's right to counsel under either the federal or state constitution. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: From the Dec. 30, 2010 COA opinion [5th case]: "We conclude that Jewell’s statements were not obtained unconstitutionally. The right to counsel is offense-specific and attaches only after adversarial judicial proceedings have commenced. Although Jewell had been charged and had hired counsel in an unrelated case, he had not been charged with the present crimes when the subject phone calls took place. Accordingly, Jewell’s right to counsel for this proceeding had not attached, and the investigatory phone calls were permissible. We also find that Jewell’s aggregate sentence is not inappropriate in light of the nature of his offenses or his character. We affirm the judgment and sentence of the trial court."
Webcasts of Supreme Court oral arguments are available here.
This 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)]
Thursday, April 21st
- 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]
Next week's oral arguments before the Court of Appeals (week of 4/25/11):
Tuesday, April 26th
- 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)]
Friday, April 29th
- 10:00 AM - Jerry French et al v. State Farm & Casualty Company et al (18A02-1005-PL-489) - Jerry and Becky French purchased a manufactured home for approximately $77,000 that was insured by State Farm when it burned. The Frenches sued State Farm when it refused to pay to replace the destroyed home with a more expensive stick-built home of similar size. On appeal, State Farm argues that its offer to pay for another manufactured home fulfilled its obligations under the insurance policy and that it is entitled to rescind the policy because Jerry failed to disclose both the purchase price of the original home and that it was a manufactured home. The Frenches assert that their stick-built home constitutes "similar construction" under the policy, that they are entitled to reimbursement up to the policy limits, and that State Farm is not entitled to rescind the policy. The Scheduled Panel Members are: Judges Baker, Crone, and Bradford. [Where: Honeywell Center (Ford Theater), 275 West Market Street, Wabash, Indiana]
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 18, 2011 06:49 AM
Posted to Upcoming Oral Arguments