Monday, June 27, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/27/11):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/5/11):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 6/27/11):
Monday, June 27th
- 1:30 PM - George A. Feuston v. State of Indiana. (38A02-1011-CR-1175) - George A. Feuston appeals the denial of his motion for discharge pursuant to Indiana Criminal Rule 4(C). In March 2009, Feuston was arrested and charged in Jay County. While out on bond, he was arrested and charged in Delaware County. After his second arrest, no further action was taken in the Jay County case until August 2010. Feuston sought to be discharged, arguing that the Jay County Superior Court could have set a trial date even in his absence. The State contends that because Feuston did not provide the court with written notice of his whereabouts, the time he spent in the Delaware County Jail should be charged to him. The Scheduled Panel Members are: Chief Judge Robb, Judges Najam and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, June 28th
- 1:30 PM - Wellpoint, Inc., et al. v. National Union Fire Insurance Co., et al. (49A05-1011-PL-670) - This is an insurance coverage dispute. The plaintiff companies allege that the defendant insurers wrongfully denied coverage in twelve underlying lawsuits. One of defendant insurers moved for summary judgment, claiming it owed no coverage because the underlying lawsuits related back to litigation preceding its coverage period. The trial court granted summary judgment, and the plaintiffs now appeal. The Scheduled Panel Members are: Judges Kirsch, Vaidik and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, June 29th
- 1:30 PM - S. G. vs. State of Indiana (49A05-1011-JV-736) - S.G. appeals his adjudication as a delinquent child for committing an act that would be considered Class D felony receiving stolen property if committed by an adult and raises three issues: (1) Whether the school meeting constituted custodial interrogation such that the trial court abused its discretion in admitting, over S.G.'s objection, the incriminating statements S.G. made during that meeting when he had neither been advised of his Miranda rights nor had the opportunity to consult with his parents; (2) Whether the evidence was sufficient to show that S.G. knowingly or intentionally had contact with any property that was the subject of theft; and (3) Whether the trial court abused its discretion when it imposed a restitution order in an amount greater than the victim's actual loss and made restitution a condition of probation without inquiring into S.G.'s ability to pay. 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 7/5/11):
Next Wednesday, July 6th
- 11:00 AM - Jonathon D. Douglas v. State of Indiana (40A01-1009-DR-466) - Douglas failed to pay support as ordered and in 2004, he was charged with Class C felony nonsupport of a dependent. Douglas pleaded guilty and was sentenced to eight years with seven years suspended to probation. Due to his continued failure to pay child support as ordered, Douglas's probation was revoked and he was ordered to serve his previously suspended sentence in the Indiana Department of Correction. Douglas subsequently filed a petition to modify his child support obligations asserting that he was entitled to a reduction in those obligations due to the decline in his income caused by his incarceration. The trial court denied the motion. Douglas raises one issue on appeal, which we restate as whether he was entitled to a reduction of his child support obligation due to the decline in his income caused by his incarceration for nonsupport of the same dependents who are the subjects of the support obligations he seeks to modify. The Scheduled Panel Members are: Judges Kirsch, Vaidik and Mathias. [Where: Supreme Court Courtroom (WEBCAST)]
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 27, 2011 08:54 AM
Posted to Upcoming Oral Arguments