Monday, May 16, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/16/11):
Thursday, May 19th
- 9:00 AM - Joey Addison v. State of Indiana (49S05-1105-CR-267) - Addison was convicted of murder following a jury trial in the Marion Superior Court. The Court of Appeals decided that the trial court’s rejection of a Batson challenge was not clearly erroneous, rejected the other appellate arguments and affirmed the conviction in a not-for-publication memorandum decision. Addison v. State, No. 49A05-1006-CR-354 (Ind. Ct. App. Feb. 16, 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This ILB entry from May 15th includes the NFP COA opinion, the briefs, and the transfer petition.
Next week's oral arguments before the Supreme Court (week of 5/23/11):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/16/11):
Monday, May 16th
- 1:00 PM - City of Booneville v. American Cold Storage NA, et al. (87A01-1004-PL-167) - The City of Boonville ("City") brings this interlocutory appeal from the trial court's denial of its motion to dismiss, for lack of subject matter jurisdiction, the Written Remonstrance and Verified Complaint for Declaratory Relief brought by American Cold Storage NA et al., ("Landowners"), in response to City's adoption of Ordinance No. 2008-2, seeking to annex 1165 acres of Warrick County real estate to the City. The issues are as follows: (1) whether the trial court erred in finding that tax-exempt parcels of land should not be included for purposes of applying the 65% rule to determine the total number of parcels in the annexed area or the total number of landowners opposing the annexation; and (2) whether the trial court erred in ruling that Landowners had standing to bring their claim for declaratory relief. Landowners allege on cross-appeal that the trial court erred in finding that parcels that extend under a public roadway which forms a boundary to the annexed territory, but that do not extend into the annexed territory, may not be included for purposes of the 65% rule. The Scheduled Panel Members are: Judges Najam, Darden, and Bailey. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, May 18th
- 1:30 PM - John Haegert v. University of Evansville (82A01-1008-PL-369) - The Vanderburgh Superior Court granted summary judgment in favor of the University of Evansville in an action filed by John Haegert, alleging that the university's decision to terminate him for violation of its sexual harassment policy was a breach of his tenure contract. Haegert appeals from the trial court's order, arguing that summary judgment was not appropriate as there were genuine issues of material fact precluding summary judgment. The Scheduled Panel Members are: Judges Kirsch, Vaidik, and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 5/23/11):
Next Tuesday, May 24th
- 11:00 AM - Dalmas Maurice Otieno Anyango, et al. v. Rolls-Royce, Corp., et al. (49A04-1011-CT-679) - This is an appeal from an order dismissing Plaintiffs' product liability action against the Defendants' manufacture of a helicopter that crashed in 2008 killing Plainitiffs' decedent, a 20-year-old Kenyan national. The Scheduled Panel Members are: Judges Baker, May, and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 AM - East Chicago Second Century, et al. v. RIH Acquisitions d/b/a Resorts East Chicago, et al. (49A02-1008-PL-889) - This is a lawsuit relating to the appropriate distribution of certain funds arising from the operation of a casino boat in East Chicago. The Scheduled Panel Members are: Judges Baker, May, and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Wednesday, May 25th
- 12:30 PM - An-Hung Yao v. State of Indiana & Yu-Ting Lin v. State of Indiana (35A02-1006-CR-678) - An-Hung Yao and Yu-Ting Lin are both residents of Houston, Texas. Lin operates a business in Houston which imports airsoft guns from Taiwan. Yao helped Lin set up the business. The airsoft guns allegedly resemble firearms produced by Heckler & Koch, Incorporated ("H&K"). After an investigation on behalf of H&K resulted in Lin's business sending its products to three Indiana addresses, including one in Huntington County, Yao and Lin were each charged in Huntington County with three counts of counterfeiting H&K's trademark, three counts of theft of H&K's trademark, and one count of corrupt business influence. Both Yao and Lin filed motions to dismiss the charges against them; the trial court granted the motions as to the counterfeiting charges and denied them as to the remainder. Yao and Lin bring this consolidated interlocutory appeal of the trial court's denial of their motions to dismiss the theft and corrupt business influence charges, arguing that a trademark cannot be the subject of a theft and that they cannot be prosecuted in Indiana when they did not commit any act or omission in Indiana. The State cross-appeals the trial court's grant of the motions to dismiss the counterfeiting charges, arguing a "written instrument" for purposes of the counterfeiting statute includes a trademark, in this case, the distinctive design of H&K's firearm. The Scheduled Panel Members are: Chief Judge Robb and Judges Barnes and Crone. [Where: Merrillville High School, 276 East 68th Place, Merrillville, Indiana]
Next Thursday, May 26th
- 11:00 AM - Metals & Additives Corp., et al. v. Dagoberto Hornedo (49A02-1011-PL-1213) - In this case, Metals & Additives Corp is appealing the trial court's ruling denying a request for preliminary injunction in favor of Hornedo who was an employee. The underlying basis for the request for injunction relates to non-compete agreements and trade secrets in the chemical additives industry. The Scheduled Panel Members are: Judges Friedlander, Bailey, and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
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 May 16, 2011 08:21 AM
Posted to Upcoming Oral Arguments