Monday, September 12, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This 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.
Next week's oral arguments before the Supreme Court (week of 9/18/11):
Monday, September 19th
- 9:00 AM - Marion County Auditor, et al. v. Sawmill Creek, LLC (49S02-1106-CV-364) -
The Marion Circuit Court granted Sawmill Creek's motion to set aside a tax deed issued after its real property was sold in a tax sale. The Court of Appeals affirmed and held that Sawmill Creek was not provided constitutionally adequate notice of the tax sale. Marion County Auditor v. Sawmill Creek, LLC, 938 N.E.2d 778 (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 is a COA opinion from 12/10/2010 where the panel concluded: "We are constrained by the holding of the U.S. Supreme Court in Jones to agree with the trial court that the owner of the Lot at issue before us was not provided constitutionally adequate notice of the tax sale. Therefore, the trial court did not err in setting aside the tax deed issued to McCord."
- 9:45 AM - Hunt Construction Group, et al. v. Shannon Garrett (49S02-1106-CT-365) - Hunt Construction Group was the construction manager for Lucas Oil Stadium. Shannon Garrett was employed by a contractor on the project. After Garrett was injured on the job, she filed a complaint for negligence against Hunt Construction. The Marion Superior Court entered summary judgment for Garrett on the issue whether Hunt Construction owed Garrett a duty of care. The Court of Appeals affirmed in part and reversed in part. Hunt Constr. Group, Inc. v. Garrett, 938 N.E.2d 794 (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 is a 2-1 COA opinion from 12/14/10.
- 10:30 AM - Phyllis Hardy, et al. v. Mary Jo Hardy (51S01-1106-PL-366) - After the policyholder's death, plaintiffs filed a complaint seeking a constructive trust over the proceeds of a Federal Employees' Group Life Insurance ("FEGLI") policy. A divorce decree ordered the policyholder to maintain the policy and designate plaintiffs as the beneficiaries, but he thereafter designated the defendant as the beneficiary. The Martin Circuit Court entered summary judgment for the defendant. The Court of Appeals affirmed, concluding the FEGLI Act preempts plaintiffs' state law claims. Hardy v. Hardy, 942 N.E.2d 838 (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 1/25/11 COA opinion.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/11/11):
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)]
Next week's oral arguments before the Court of Appeals (week of 9/18/11):
- No arguments currently scheduled.
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 12, 2011 09:44 AM
Posted to Upcoming Oral Arguments