Monday, June 13, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/13/11):
Wednesday, June 15th
- 9:00 AM - Amir H. Sanjari v. State of Indiana (20S03-1105-CR-268) - A jury found Sanjari guilty of failing to pay support for his two children. The Elkhart Superior Court entered judgment on two convictions, and sentenced Sanjari to two consecutive five-year terms. The Court of Appeals vacated one of the convictions on double jeopardy grounds, but otherwise affirmed in Sanjari v. State, 942 N.E.2d 134 (Ind. Ct. App. 2011), vacated. The Supreme Court granted the State’s petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: A Feb. 11, 2011 COA opinion. Transfer was granted to the Appellee, and denied to the Appellant. The COA concluded its opinion: "In sum, we conclude that the trial court acted within its discretion in determining that Sanjari had waived his right to be present at trial and in denying his October 29, 2009 motion for continuance. We vacate his conviction and sentence on Count II due to double jeopardy constraints and affirm his conviction and five-year sentence on Count I, with fines, costs, and restitution."
- 9:45 AM - D.R. v. Review Board (93S02-1105-EX-285) - D.R. was hired to be a truck driver, contingent on her passing the employer’s driving test. She did not pass the test and her employment ended. The Unemployment Insurance Review Board denied unemployment benefits. The Court of Appeals affirmed in D.R. v. Review Bd., 942 N.E.2d 820 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.
ILB: This is a Dec. 22, 2010 COA opinion (that was initially NFP but reclassified). "D.R. raises one issue, which we revise and restate as whether the record supports the Board’s decision to deny D.R. full unemployment benefits. We affirm."
- 10:30 AM - Antoine Hill v. State of Indiana (45S03-1105-PC-283) - Hill pleaded guilty, and later, the Lake Superior Court denied him permission for a Post-Conviction Rule 2 belated appeal. His lawyer did not initiate an appeal from this “PC-2 Order.” Hill’s subsequent post-conviction claim that he had been denied the effective assistance of counsel was denied by the Lake Superior Court. The Court of Appeals reversed and remanded with instructions for the post-conviction court to grant Hill’s post-conviction petition so that he could appeal the PC-2 Order. Hill v. State, slip op., (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Feb. 17, 2011 NFP opinion where the State is appealing the COA reversal of the denial of Hill's petition for post-conviction relief "which alleged he was denied the effective assistance of post-conviction counsel when counsel failed to timely appeal the denial of his prior petition to file a belated direct appeal challenging his sentence."
Next week's oral arguments before the Supreme Court (week of 6/20/11):
Monday, June 20th
- 9:00 AM - LaPorte Community School Corporatation v. Maria Rosales (46S04-1105-CT-284) - A mother whose a child died after choking on food at school brought a wrongful death action against the school. The LaPorte Circuit Court entered judgment in favor of the mother following a jury trial. The Court of Appeals remanded for a new trial, holding that a jury instruction on negligence was faulty. LaPorte Comm. School Corp. v. Rosales, 936 N.E.2d 281 (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 2-1 Oct. 27, 2010 COA opinion involving issues re expert witness testimony admissibility, motions for judgment on the evidence on issues of negligence and contributory evidence, and whether the trial court properly instructed the jury regarding negligence.
- 9:45 AM - Indiana Department of Insurance v. Robin Everhart (84S01-1105-CV-282) - When the estate of a deceased patient filed a claim for excess medical malpractice damages from the Patient’s Compensation Fund, the Vigo Superior Court awarded the estate $1 million. The Court of Appeals reversed and remanded for a recalculation of damages, including a determination of the patient’s “actual percentage chance of survival.” Ind. Dep’t Ins. v. Everhart, 932 N.E.2d 684 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See this Dec. 2010 ILB entry headed "Rare 'for publication' dissent in order denying petition for rehearing."
- 10:30 AM - Keith Ramsey, M.D. v. Shella Moore (45S05-1105-CT-281) - Defendants named in a proposed medical malpractice complaint petitioned for a preliminary determination of law, seeking dismissal of the complaint based on the plaintiff’s failure to make a timely submission of evidence to the medical review panel, but the Lake Superior Court entered an order denying the request for dismissal of the complaint. The Court of Appeals affirmed in part, reversed in part, and remanded. Ramsey v. Moore, --- N.E.2d ---, No. 45A05-1005-CT-308, (to be published by order of the Court of Appeals) (December 15, 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Tuesday, June 21st
- 9:00 AM - State of Indiana v. Andy J. Velasquez (53S05-1105-CR-280) - Velasquez was found not guilty on child molesting charges in the Monroe Circuit Court. The State appealed certain “reserved questions” pursuant to Indiana Code section 35-38-4-2, which the Court of Appeals addressed in Velasquez v. State, 944 N.E.2d 34 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted the State’s petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See this lengthy May 17, 2011 ILB entry, including links to the transfer filings. A quote from the Bloomington H-T: "The Monroe County Prosecutor’s Office pursued the appeal, even though it cannot change the outcome in the Velasquez case. Chief Deputy Prosecutor Bob Miller said the high court’s ruling will clarify what is allowed and set the standard for future cases."
- 9:45 AM - Keith Hoglund v. State of Indiana (90S02-1105-CR-294) - Hoglund was convicted of child molesting. Over his objection, the Wells Circuit Court admitted testimony relating to the victim’s propensity to falsify her account of the events. The Court of Appeals affirmed the conviction in Hoglund v. State, 945 N.E.2d 166 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Feb. 22, 2010 opinion: "Appellant/Defendant Keith Hoglund appeals from his conviction of and sentence for Class A felony Child Molesting. Hoglund contends that the trial court abused its discretion in admitting testimony regarding whether the victim was falsifying or exaggerating stories of Hoglund’s molestation of her, whether the trial court abused its discretion in sentencing him, and whether his fifty-year sentence is inappropriately harsh. We affirm"
- 10:30 AM - Henry C. Bennett, et al. v. John E. Richmond, et al. (20S03-1105-CV-293) - The Elkhart Superior Court allowed a psychologist to testify that Richmond’s head injury was caused by a vehicle collision, and the jury awarded damages to Richmond. The Court of Appeals reversed in Bennett v. Richmond, 932 N.E.2d 704 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: An Aug. 13, 2010 COA opinion: "Bennett presents a single issue for our review, namely, whether the trial court abused its discretion when it permitted Sheridan McCabe, Ph.D., to testify that Richmond had sustained a brain injury as a result of the vehicular accident caused by Bennett. We reverse and remand for a new trial."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 6/13/11):
Tuesday, June 14th
- 11:00 AM - Travelers Casualty & Surety, et al, vs. Maplehurst Farms, et al (49A04-1006-PL-394) - An insurance contract dispute between Maplehurst Farms and various insurers resolving an environmental dispute and costs. The Scheduled Panel Members are: Judges Baker, May, and, Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, June 15th
- 2:00 PM - James R. Bellamy v. State of Indiana (49A02-1011-CR-1214) - Appellant-Defendant James Bellamy appeals the trial court's determination that he acted in direct contempt of the trial court by arriving fifty-four minutes late for his scheduled bench trial after the trial court had previously warned Bellamy that he would be found in contempt if he again failed to arrive for court proceedings in a timely fashion. Specifically, Bellamy contends that the trial court erred in finding him in direct contempt because, as a lay person, he could not be found in direct contempt merely for failing to timely appear at court proceedings. Bellamy alternatively claims that even if he could be found in direct contempt, the trial court's order is erroneous because he was not granted the opportunity to be heard to explain his tardiness. The Scheduled Panel Members are: Judges Baker, May, and Bradford. [Where: Trine University, One University Avenue, University Center (Fabiani Theater), Angola, Indiana]
- 2:30 PM - Kerwin and Heather Masten vs. AMCO Insurance Company (49A02-1009-CT-998) - Kerwin Masten was injured in a four-car accident. He and his wife settled their claim with one of the drivers, Alice Derin Hanson, and sought compensation for their remaining damages pursuant to the underinsured motorist endorsement in the Mastens' insurance policy with AMCO Insurance Co. AMCO sought summary judgment, alleging that the Mastens' settlement with Hanson constituted a full set-off of its liability. The trial court granted summary judgment in favor of AMCO, and the Mastens now appeal, arguing that compensation from Hanson cannot set-off AMCO's liability because Hanson was not an underinsured driver. The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and Barnes. [Where: Supreme Court Courtroom (WEBCAST)]
Next Thursday, June 23rd
- 2:30 PM - Cynthia Welch v. Shawn D. Young, et al. (79A02-1012-CT-1407 ) - Cynthia Welch was passing out gum to members of a little league team when a player, who was taking practice swings, hit her knee with his bat. The trial court granted summary judgment to the defendants on the grounds that Welch was a "participant" in the sporting event and therefore incurred the risk of her injury. The Scheduled Panel Members are: Judges Baker, Najam, and May. [Where: Indiana State University, Tirey Hall - Tilson Auditorium, Terre Haute, 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 June 13, 2011 09:40 AM
Posted to Upcoming Oral Arguments