Monday, November 21, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/21/11):
Monday, November 21st
- 9:00 AM - Michael Sharp v. State of Indiana (12S02-1109-CR-544) -
Sharp was convicted of two counts of child molesting. The Clinton Superior Court sentenced him to an aggregate term of forty years and found him to be a credit restricted felon who will receive one day of credit time for every six days served. The Court of Appeals affirmed the conviction and sentence, indicating in part that it would not take into account a person’s credit restricted status when reviewing a sentence under Appellate Rule 7(B). Sharp v. State, 951 N.E.2d 282 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See ILB summary of July 19, 2011 COA opinion here - 3rd case.
- 9:45 AM - Jerrell White v. State of Indiana (15S01-1109-CR-545) -
After being convicted of theft in the Dearborn Superior Court, White was found to be an habitual offender based in part on a prior felony that he had committed when he was fifteen years old. The Court of Appeals reversed the habitual offender determination on grounds the State offered no evidence to show that the White had been charged and convicted of the prior felony as an adult. White v. State, 950 N.E.2d 1276 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See ILB summary of June 27, 2011 COA opinion here.
Next week's oral arguments before the Supreme Court (week of 11/28/11):
Thursday, December 1st
- 9:00 AM - Indiana Department of Revenue v. United Parcel Service, Inc. (49S10-1107-TA-417) -
The Department of State Revenue denied UPS’s claim for a corporate income tax refund for tax year 2000 and assessed UPS with additional tax liability for tax year 2001. On UPS’s original tax appeal, the Tax Court issued an unpublished order granting summary judgment to UPS. United Parcel Service, Inc. v. Indiana Dep’t of State Revenue, No. 49T10-0704-TA-24 (Ind. Tax Ct. 2010). The Supreme Court has granted a petition for review.
ILB: This was a Dec. 30, 2010 opinion by Judge Fisher, where the issue was: "whether, during the years at issue, UPS properly excluded from its Indiana corporate income tax returns the income of two of its affiliates because they were “subject to” the gross premium privilege tax (premiums tax) under Indiana Code § 27-1-18-2." The Tax Court reversed the DOR's "denial of UPS's claim for refund of corporate income tax for 2000 and its assessment of additional corporate income tax against UPS for 2001."
- 9:45 AM - Loparex, LLC v. MPI Release Technologies, LLC, et al. (94S00-1109-CQ-546) -
Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of Indiana certified the following questions of Indiana law for the Indiana Supreme Court’s consideration, which the Indiana Supreme Court accepted on September 30, 2011. The questions, as framed by the district court, are:
(1) Is Wabash Railroad Co. v. Young, 69 N.E. 1003 (Ind. 1904), still good law, such that individuals who voluntarily leave employment are precluded from pursuing a claim under Indiana Code section 22-5-3-2?
(2) In an action brought under Indiana Code section 22-5-3-2, are attorney fees incurred in defending an unsuccessful claim against a former employee or in prosecuting a claim by a former employee recoverable as compensatory damages?
(3) Is an unsuccessful suit to protect alleged trade secrets, within which a former employer seeks to preclude any competitive employment of a former employee by pursuing permanent injunctive relief and in settlement negotiations, a basis for recovery under Indiana Code section 22-5-3-2?
- 10:30 AM - Sean Ryan v. Dee Anna Ryan (71S03-1111-DR-644) - Following a divorce decree in which the St. Joseph Circuit Court adopted the parties’ property settlement agreement, the former husband filed a motion for relief under Trial Rule 60(B), claiming that the agreement should be modified because circumstances prevented the parties’ homes from being sold, but the trial court denied the motion without a hearing. The Court of Appeals reversed. Ryan v. Ryan, 946 N.E.2d 1191 (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 was a March 28, 2011 COA opinion where the panel ruled: "we conclude that the trial court abused its discretion in denying Husband’s motion under Rule 60(B)(8) without first holding an evidentiary hearing. We remand with instructions to conduct an evidentiary hearing at which the parties are given the opportunity to present evidence in support of or opposition to Husband’s motion for relief from judgment and for the court to grant relief as appropriate after considering the evidence presented at the hearing." See ILB summary here, 2nd case.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 11/21/11):
- No arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 11/28/11):
Tuesday, November 29th
- 1:40 PM - Christopher A. Bryant v. State of Indiana (45A03-1101-CR-11) - Christopher Bryant was convicted of two counts of Class A felony dealing in a narcotic drug, Class A misdemeanor resisting law enforcement, and Class A misdemeanor marijuana possession and admitted to being a habitual substance offender, for which he received an aggregate sentence of forty-five years of incarceration. On appeal, Bryant contends that (1) he was denied effective assistance of trial counsel because his attorney failed to file a motion to suppress evidence obtained through an allegedly illegal search and seizure, (2) the trial court abused its discretion in denying his mistrial motion, and (3) the trial court bused its discretion in sentencing him. The Scheduled Panel Members are: Judges Riley, Darden and Bradford. [Where: Lawrence North High School, Indianapolis]
Wednesday, November 29th
- 1:30 PM - Indianapolis Education Association and President Elden Wolting v. Indianapolis Public Schools (49A02-1101-PL-27) - Indianapolis Education Association and its president, Elden Wolting, appeal the trial court’s order reversing the Indiana Education Employment Relations Board’s decision that Indianapolis Public School (“IPS”) had engaged in an unfair labor practice when IPS failed to collectively bargain the addition of twenty-five days to the school calendar for four IPS schools. The Scheduled Panel Members are: Judges Friedlander, Darden and Vaidik. [Where: Indiana 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 November 21, 2011 08:44 AM
Posted to Upcoming Oral Arguments