« Environment - More on "Peppermint farmers from LaPorte, Starke and Pulaski counties just want to be left alone to grow mint and distill its oil" | Main | Catch-up: What did you miss over the weekend from the ILB? »
Tuesday, September 06, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/4/11):
Next Thursday, September 8th
- 9:00 AM - Allied Property and Casualty Insurance Co. v. Linda Good, et al. (85S04-1106-CV-326) -
After a fire destroyed the Goods’ house and Allied did not pay an insurance claim, Linda Good sued Allied for breach of contract, and Allied filed a counterclaim against Good and a third-party complaint against Randall Good. Allied’s motion for summary judgment was denied, and a trial resulted in judgment and damages in favor of the Goods. A divided panel of the Court of Appeals reversed, holding Allied was entitled to summary judgment because Linda Good materially misrepresented her cancellation history on her insurance application. Allied Prop. and Cas. Ins. Co. v. Good, 938 N.E.2d 227 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB - From the 2-1 Nov. 24, 2010 COA opinion: Because "ever" means "at any time," we hold the query, "Coverage ever declined, cancelled, or non-renewed," (App. at 667), refers to any policy the Goods "ever" applied for or had "at any time" in the past.
- 9:45 AM - Richmond State Hospital, et al. v. Paula Brattain, et al. (49S02-1106-CV-327) - Various state employees who had been required to work 40-hour weeks, when other employees in the same job classification worked 37.5-hour weeks for the same salary, brought a class action suit seeking back pay for the additional 2.5 minimum hours worked per week. Following a bench trial, the trial court rendered judgment in favor of the class members in an amount exceeding $42 million. The Court of Appeals affirmed in part, reversed in part, and remanded with instructions to recalculate the amount of back pay to which certain class members are entitled. Richmond State Hosp. v. Brattain, 935 N.E.2d 212, clarified on reh’g, 939 N.E.2d 1125 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is the is the state employees' back pay suit where plaintiffs were awarded $42 million in trial court. Both appellant and appellee were granted transfer. COA opinion of 10/8/10 and rehearing of 12/30/10.
- 10:30 AM - Brice L. Webb v. State of Indiana (71S05-1106-CR-329) - At Webb’s trial for murder, the St. Joseph Superior Court admitted a videotaped interview between police and Webb, and the court refused to instruct the jury on reckless homicide as a lesser included offense to murder. The Court of Appeals affirmed in a not-for-publication decision, Brice Webb v. State, No. 71A05-1007-CR-517, slip op. (Ind. Ct. App. Apr. 12, 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB - Here is the link to the NFP opinion from April 12, 2011.
Next week's oral arguments before the Supreme Court (week of 9/11/11):
Thursday, September 15th
- 9:00 AM - Jeffery W. Cain v. State of Indiana (17S00-1008-CR-684) -
Following a jury trial in DeKalb Superior Court, Cain was sentenced to life without the possibility of parole for a murder conviction and to a term of years for a robbery conviction. In this direct appeal of the convictions, Cain argues the late disclosure of a State’s witness should have resulted in exclusion of the witness’s testimony and that remarks by the prosecuting attorney during closing argument constituted fundamental error.
- 9:45 AM - Lisa Gray v. State of Indiana (82S01-1106-CR-328) - Gray was convicted of possession of marijuana as a Class A misdemeanor in the Vanderburgh Superior Court. The Court of Appeals reversed the conviction on grounds the evidence was insufficient to prove constructive possession. Gray v. State, 944 N.E.2d 527 (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 2-1 COA opinion from 3/8/11: "The officers only established that marijuana was found in a communal room of Gray's home, under a coffee table, next to which two male visitors were sitting, and that no one declared ownership of the drugs. From this evidence, the State failed to prove beyond a reasonable doubt that Gray constructively possessed the marijuana. "
- 10:30 AM - Richard S. Emmons v. State of Indiana (79S04-1106-CR-368) - One term of Emmons’s probation required him to be under house arrest. He filed a motion requesting he be removed from house arrest because, given his fixed income, he was in jeopardy of being incarcerated for failing to pay certain required fees. The trial court denied the motion after a hearing. Citing Indiana Code sections 35-38-1-17, 35-38-2-1, and 35-38-2-1.8, the Court of Appeals affirmed on grounds the trial court could not modify the sentence because the prosecutor objected, and the trial court could not modify the probation because Emmons had not violated its terms and Emmons had been the one to file the motion requesting modification. Emmons v. State, No. 79A04-008-CR-487, slip op. (Ind. Ct. App. Mar. 31, 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB - Here is the link to the NFP opinion from March 31, 2011.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/4/11):
- No arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 9/11/11):
Next Wednesday, September 14th
- 1:30 PM - Timothy W. Plank v. Community Hospitals of Indiana, Inc., et al (49A04-1004-CT-254) - Timothy W. Plank, Individually and as Personal Representative of the Estate of Debra L. Plank, Deceased (collectively "Plank"), appeals from the trial court's denial of Plank's request for an evidentiary hearing on his challenges to the constitutionality of the cap on medical malpractice awards under the Medical Malpractice Act. Following a trial, a jury awarded Plank $8.5 million, but the trial court reduced the award to $1.5 million as mandated by the Act. Community Hospitals of Indiana, Inc., the sole defendant at trial, raises a single issue on cross-appeal, namely, whether the trial court abused its discretion when it instructed the jury on Community's liability for an independent contractor's conduct. The oral argument in this appeal is limited to two issues, namely, whether the trial court erred when it denied Plank's request for an evidentiary hearing and whether the trial court abused its discretion when it instructed the jury. The Scheduled Panel Members are: Judges Baker, Najam and Riley. [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 September 6, 2011 08:09 AM
Posted to Upcoming Oral Arguments