Monday, October 03, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/3/11):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 10/10/11):
Thursday, October 13th
- 9:00 AM - Annette Hirsch v. Roger Lee Oliver (29S02-1109-DR-530) -
The trial court made several post-dissolution rulings that, among other things, determined Father’s overpayment of child support, declined to require Father to contribute toward his youngest daughter’s post-secondary education expenses, and ordered Mother to pay attorney and witness fees to Father. On Mother’s appeal, the Court of Appeals reversed and remanded. Hirsch v. Oliver, 944 N.E.2d 956 (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, March 18, 2011 COA opinion: "We reverse the trial court's emancipation date for Courtney of September 23, 2009, and conclude she was emancipated no earlier than December 10, 2009. We remand for the trial court to recalculate the amount of child support Father has overpaid, and to apportion the payment of uninsured medical expenses incurred by Elizabeth and Courtney in 2009, in accordance with this opinion. We also remand for entry of a post-secondary education expense order as to Father. Finally, we reverse the award to Father of attorney fees and his current wife's travel expenses."
- 9:45 AM - Lakes v. Grange Mut. Cas. Co. (89S05-1109-CT-531) - After an automobile accident, Hannah Lakes and her family members filed a complaint against the other driver, alleging negligence, and against Grange Mutual Casualty Company ("Grange Mutual"), seeking underinsured motorist coverage. The other driver's insurer paid its policy limits. The family members dismissed their claims, leaving Hannah Lakes as the only plaintiff. The Wayne Superior Court granted summary judgment to Grange Mutual, finding no under-insured coverage. The Court of Appeals reversed, comparing the per person liability limits of the two policies to determine the existence of under-insured coverage and stating "the mandatory per person limit for under-insured coverage pursuant to I.C. § 27-7-5-2 is $50,000[.]" Lakes v. Grange Mut. Cas. Co., 944 N.E.2d 509, 519 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction of the appeal
ILB: This was a 2-1, Feb. 28, 2011 COA opinion reversing the trial court finding that no uninsured motorist coverage was available to plaintiff. ... It is evident that in the years since its inception, Indiana’s uninsured/underinsured motorist statute has undergone significant modification, culminating into an expansion of the underinsured liability coverage. We find that this history of expanding the availability of uninsured and underinsured motorist coverage manifests an intent by our Legislature to give insureds the opportunity for full compensation for injuries inflicted by financially irresponsible motorists."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 10/3/11):
Tuesday, October 4th
- 11:00 AM - David R. Camm v. State of Indiana (87A01-1102-CR-25) - Interlocutory appeal from the trial court's denial of Appellant's petition for a special prosecutor. The Scheduled Panel Members are: Judges Baker, Najam and Bailey. [Where: Shircliff Theatre, Vincennes University (NOT WEBCAST)]
- 3:00 PM - Brett A. Head-Mattingly v. State of Indiana (82A05-1103-CR-127)- Brett Head-Mattingly was convicted of burglary and theft for acts committed at an Evansville home on September 24, 2010, and of attempted burglary for acts committed at a different Evansville home on September 25, 2010. He argues the trial court erred by denying his request for separate trials for the acts committed on separate days. He also claims letters he sent from jail to his accomplice should not have been admitted into evidence because they included inadmissible character evidence and caused unfair prejudice. The Scheduled Panel Members are: Judges Riley, May and Brown. [Where: Schroeder Family School of Business, University of Evansville Campus (NOT WEBCAST)]
Wednesday, October 5th
- 12:00 PM - Jacob Key, et. al., v. Dewayne Hamilton (48A02-1007-CT-812) - The main question before the court in this appeal is whether Key can be held liable for Hamilton's injuries based solely on his act of signaling to Owens to proceed through the intersection. The Scheduled Panel Members are: Judges Baker, Vaidik and Mathias. [Where: Indiana University Maurer School of Law (NOT WEBCAST)]
Thursday, October 6th
- 1:30 PM - Adron Herschel Tancil v. State of Indiana (45A03-1101-CR10) - Adron Herschel Tancil was charged with criminally confining, battering, and attempting to murder his ex-girlfriend. A jury found him guilty as charged. Tancil requested a new trial on the attempted murder charge, contending that the jury's verdict on that count was against the weight of the evidence. The trial court denied the request. Tancil now appeals the trial court's ruling, contending that the attack was no more than a battery. The Scheduled Panel Members are: Judges Vaidik, Barnes and, Crone. [Where: Lorenzo Arredondo Justice Center, Superior Court 2, East Chicago, Indiana (NOT WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 10/10/11):
Thursday, October 13th
- 1:30 PM - Apex 1 Processing, Inc., et al, v. Akeala Edwards, et al (49A05-1103-PL-85) - Apex, a "payday loan” business, includes in its loan contracts a compulsory arbitration provision. It moved to compel arbitration on Edwards’ claim against it; the trial court denied the motion because the arbitrator named in the contract was no longer permitted to perform such arbitrations. Apex argues the Federal Arbitration Act required the court to appoint a substitute arbitrator. The Scheduled Panel Members are:Judges Najam, Riley and May. [Where: Info not provided (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 October 3, 2011 08:14 AM
Posted to Upcoming Oral Arguments