Monday, January 30, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/30/12):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 2/6/12):
Tuesday, February 7th
- 9:00 AM - An-Hung Yao & Yu-Ting Lin v. State of Indiana (35S02-1112-CR-704) - The Huntington Circuit Court dismissed counterfeiting charges against the defendants, but denied motions to dismiss charges of theft and corrupt business influence. The Court of Appeals directed dismissal of all charges on grounds the defendants committed no purposeful conduct in or directed to Indiana, and therefore, Indiana lacked territorial jurisdiction. Yao v. State, 953 N.E.2d 1236 (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 Sept. 22nd COA opinion that concluded:
Concluding the trial court lacked territorial jurisdiction because there is no evidence any conduct that is an element of the alleged offenses occurred in Indiana, we affirm that part of the trial court's order dismissing the counterfeiting charges and reverse and remand with instructions for the trial court to dismiss the remaining charges.
- 9:45 AM - Douglas Cottingham v. State of Indiana (06S01-1112-CR-703) - The Boone Superior Court revoked Cottingham’s community corrections placement in 2010. The Court of Appeals held that Cottingham was entitled to good time credit for the time spent on home detention, thus applying the 2010 amendment to Indiana Code section 35-38-2.6-6. Cottingham v. State, 952 N.E.2d 245 (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 July 19th COA opinion where the Court wrote: "Based on our holding in Renfroe, we apply the doctrine of amelioration to the issue of good time credit for Cottingham while he was on home detention."
- 10:30 AM - Robert L. Smith v. State of Indiana (49S02-1109-CR-529) - At a hearing on whether Smith had violated the terms of his community corrections placement, certain laboratory results were admitted on the foundation of an affidavit from a lab supervisor who had not performed the testing. The Marion Superior Court revoked Smith’s placement. The Court of Appeals dismissed the appeal on procedural grounds in an unpublished order. Smith v. State, No. 49A02-1010-CR-1075 (Ind. Ct. App. Apr. 8, 2011). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 11:15 AM - James C. Purcell v. Old National Bank (49S02-1201-CT-4) - During jury trial of several claims brought by Purcell against Old National Bank, the trial court granted Old National’s motion for judgment on the evidence as to all claims. The Court of Appeals affirmed in part as to some claims but reversed and remanded in part as to other claims, holding that conflicting evidence warranted jury resolution of those other claims. Purcell v. Old National Bank, 953 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: In this Aug. 12, 2011 opinion (4th summary) the COA concluded:
The trial court did not abuse its discretion when it granted judgment on the evidence in favor of ONB regarding Purcell's negligence and constructive fraud claims, because ONB did not owe Purcell any duty as a subordinate creditor. However, the trial court abused its discretion when it granted judgment on the evidence on Purcell's other claims, because Stein's answers to an earlier interrogatory present a genuine issue of material fact regarding those claims. Finally, the trial court properly denied ONB‟s motion for attorney's fees and costs because Purcell's claims were not groundless.
This week's oral arguments before the Court of Appeals (week of 1/30/12):
- No arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 2/6/12):
Wednesday, February 8th
- 11:00 AM - Jack Messer vs. New Albany Police Department (22A05-1104-MI-179) - Jack Messer was a New Albany police officer who was fired after he made a racially charged remark while with other officers after roll call. The comment was leaked to the press. The Police Merit Commission found his statement was conduct unbecoming an officer and suspended him without pay. On judicial review, the trial court granted new Albany summary judgment. On appeal, Messer argues his statement was protected by the First Amendment. The Scheduled Panel Members are: Judges Baker, Najam and May. [Where: Silver Creek High School, Sellersburg, Indiana ]
- 10:30 AM - Mary E. Santelli vs. Abu M. Rahmatullah, et al (22A05-1104-MI-179) - After the trial court belatedly granted the Santelli Estate’s motion to correcterror, both the Santelli Estate and Rahmatullah filed notices of appeal. Among the questions presented in this consolidated appeal are: 1) whether the trial court’s belated order is void; and, if so, whether the merits of the motion to correct error may be addressed on appeal; and 2) if the Indiana Comparative Fault Act abrogated the common law “very duty” doctrine, should Indiana adopt §14 of the Restatement (Third) of Torts. 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 January 30, 2012 08:44 AM
Posted to Upcoming Oral Arguments