Tuesday, July 05, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/5/11):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/11/11):
- 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 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 Due to his continued failure to pay child support as ordered, Douglas's probation was revoked and he was ordered to serve his previously suspended sentence in the Indiana Department of Correction.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)]
Next Tuesday, July 12th
- 10:30 AM - In Re: The Stephen L. Chapman Irrevocable Trust Agreement: Carrie Chapman vs. Howard L. Chapman and Elizabeth W. Chapman, Trustees (02A03-1012-TR-624) - Trustees/Settlors Howard and Elizabeth Chapman, parents of Stephen L. Chapman ("Stephen"), filed a petition to reform the Stephen L. Chapman Irrevocable Trust to modify the date of distribution of trust assets to Stephen, and the Allen Superior Court granted the petition. Intervenor Carrie Chapman, wife of Stephen, appeals the trial court's decision, arguing that (1) the trial court lacked jurisdiction because the reformation petition should have been heard in the pending dissolution action that she previously filed against Stephen, and (2) the trial court erred when it granted the petition to reform the trust agreement. The Scheduled Panel Members are: Judges Kirsch, Najam, and, Mathias. [Where: Allen County Courthouse, Fort Wayne, Indiana]
Next Wednesday, July 13th
- 11:00 AM - Kristine M. Bunch vs. State of Indiana (16A05-1007-PC-439) - Following a jury trial in 1996, Kristine Bunch was convicted of murder for a mobile home fire that took the life of her three-year-old son. In 2006, Bunch filed a petition for post-conviction relief, which was denied in 2010 following an evidentiary hearing. Bunch now appeals the denial of her petition for post-conviction relief, alleging advances in science invalidate the basis for concluding the fire and death resulted from arson; the State improperly failed to disclose exculpatory and impeachment evidence; and her trial attorney rendered ineffective assistance by failing to adequately challenge the State's expert testimony and eliciting otherwise inadmissible opinion evidence suggesting guilt. The Scheduled Panel Members are: Chief Judge Robb, Judge Najam, and, Judge Crone. [Where: Supreme Court Courtroom (WEBCAST)]
- 1:30 PM - Lawane Chaney vs. Clarian Health Partners, Inc. (49A05-0905-CV-263) - On February 10, 2011, we handed down our decision in favor of Clarian Health Partners, Inc. in the purported class action Chaney v. Clarian Health Partners, Inc. By the time of the appeal, Chaney, the only purported class member, was no longer a party, but his former counsel, Ron Weldy, nevertheless proceeded with the case. The trial court had dismissed the case with prejudice for lack of a class representative but had also denied Clarian's request for attorney's fees. Weldy, purportedly on behalf of Chaney, appealed. We dismissed the appeal as to the denial of discovery and the dismissal of the case. And we affirmed the imposition of Trial Rule 37 sanctions against Weldy. We denied Weldy's petition for rehearing, and the supreme court denied his petition for transfer. This matter is now set for oral argument on Clarian's motion for appellate fees and costs under Appellate Rule 66(E). The Scheduled Panel Members are: Judges Najam, Friedlander, and, Bradford. [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 July 5, 2011 08:00 AM
Posted to Upcoming Oral Arguments