Monday, February 13, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/13/12):
Monday, February 13th
- 9:00 AM - State of Indiana v. International Business Machines Corporation (49S00-1201-PL-15) - In this action arising from the State's cancelation of a contract with IBM under which IBM was to improve and modernize Indiana's welfare system, the Marion Superior Court issued an order granting IBM's motion to compel the Governor to testify at a deposition. The State filed an emergency motion to accept the interlocutory appeal and a motion under Appellate Rule 56(A) for immediate transfer to the Supreme Court. The Supreme Court granted both motions and has assumed jurisdiction over the appeal.
- 9:45 AM - Anthony H. Dye v. State of Indiana (20S04-1201-CR-5) - The Elkhart Superior Court denied Dye’s Batson challenge, entered judgment on the jury’s verdict finding Dye was an habitual offender, and sentenced Dye to a term of 50 years. The Court of Appeals affirmed in Dye v. State, 956 N.E.2d 1165 Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Here is a link to the 2-1, Nov. 10, 2011 COA opinion.
- 10:30 AM - Jacqueline Wisner, M.D., et al. v. Archie L. Laney (71S03-1201-CT-7) - The jury returned a verdict for the plaintiff on her medical malpractice complaint. The St. Joseph Superior Court entered judgment consistent with the verdict, denied plaintiff’s request for prejudgment interest, and denied defendants’ motion for a new trial. The Court of Appeals affirmed the denial of a new trial, but reversed the denial of prejudgment interest finding plaintiff’s offer of settlement complied with the prejudgment interest statute, IC 34-51-4-6. Wisner v. Laney, 953 N.E.2d 100 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Here is a link to the July 21, 2011 COA opinion.
Friday, February 24th
- 1:30 PM - State of Indiana v. Steven Hollin (69S05-1201-PC-6) - Hollin was convicted of conspiracy to commit burglary, and later, the Ripley Circuit Court granted post-conviction relief on grounds Hollin had been deprived of the effective assistance of trial counsel. The Court of Appeals reversed in Hollin v. State, 952 N.E.2d 887(Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Note: The argument will be conducted at Wesemann Hall, Valparaiso University School of Law, Valparaiso, Indiana]
ILB: Here is a link to the Aug. 24, 2011 NFP COA opinion.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 2/13/12):
Wednesday, February 15th
- 10:00 AM - City of Evansville v. United States Fidelity & Guaranty Company (49A02-1104-PL-375) - The City of Evansville filed a declaratory judgment action in 2007 against numerous insurance companies that sold insurance policies to the City. The action relates to the City’s sewer system, which discharges diluted, untreated sewage into area streams and rivers at peak flow periods. In 2009, the United States and the State of Indiana filed a complaint against the City in federal court related to violations of the Clean Water Act and the National Pollutant Discharge Elimination system because of the sewer system. In the declaratory judgment action, the City sought coverage for projects to improve the sewer system that it alleges are remedial measures. The trial court granted summary judgment for the insurance companies, concluding that City’s claim was not covered by the insurance policies because the claim was based on proposed improvements and upgrades to its sewer system, rather than remediation of past pollution. The trial court relied on our supreme court’s opinion in Cinergy Corp. v. Associated Elec. & Gas Ins. Services, Inc., 865 N.E.2d 571 (Ind. 2007). On appeal, the City argues that genuine issues of material fact exist regarding whether the improvements are, in fact, remedial and that this situation is distinguishable from Cinergy.
The Scheduled Panel Members are: Judges Kirsch, Barnes and Bradford.
[Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 11:30 AM - Sharon K. Wilson vs. Heritage House Convalescent Center (93A02-1106-EX-567 ) - Counsel for Appellant-Plaintiff Sharon K. Wilson appeals the decision of the Full Worker’s Compensation Board (“Board”) awarding her former attorney, Kenneth Heider, $6000 for work completed during his representation of Wilson in the underlying matter. Appellant contends that the Board erred in not applying the doctrine of quantum meruit to its determination regarding the value, if any, of the legal representation provided to Wilson by Heider. The Scheduled Panel Members are: Judges Kirsch, Barnes and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - Kenneth T. Akers v. State of Indiana (49A05-1106-CR-313) - Kenneth Akers was convicted following a jury trial of battery, resisting law enforcement, and possession of paraphernalia, all Class A misdemeanors. The trial court sentenced Akers to one year for each conviction, with the sentences for battery and resisting law enforcement to be served concurrently with each other, and consecutively to the sentence for possession of paraphernalia, for a total sentence of two years. Akers appeals his sentence, arguing that he is a person who committed non-violent crimes as part of a single episode of criminal conduct. IC 35-50-1-2 limits the total of consecutive sentences for multiple non-violent felony convictions arising out of an episode of criminal conduct to the advisory sentence for a felony which is one class of felony higher than the most serious felony for which the person is convicted. Akers argues that the lack of a similar statute limiting consecutive sentencing for multiple non-violent misdemeanor convictions denies him equal protection under the United States and Indiana constitutions, and that the statute should be applied to limit his sentence to one and one-half years. The Scheduled Panel Members are: Chief Judge Robb, Judges Kirsch and Bradford. [Where: Supreme Court of Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 2/20/12):
Tuesday, February 21st
- 3:00 PM - Brent Myers v. Jarod Coats (49A04-1104-PL-208) - Appellant Brent Myers brings this interlocutory appeal of the trial court's denial of his cross-motion for summary judgment in favor of Appellee, Jarod Coats, with respect to Coats' claim for deprivation of due process under 42 USC §1983. Coats cross-appeals the trial court's denial of his partial motion for summary judgment in favor of Myers. Myers raises the following issues regarding the trial court's ruling. First, whether Coats' claims are barred by the statute of limitations. Second, whether Myers deprived Coats of due process by failing to provide a policy allowing Coats to contest his registration as a sex offender. Third, whether Myers is entitled to qualified immunity under federal law. Coats challenges the trial court's finding that there was insufficient evidence as to Myers' personal deprivation of Coats' rights. The Scheduled Panel Members are: Chief Judge Robb, Judges Kirsch and Riley. [Where: Wabash College, Crawfordsville, IN]
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 February 13, 2012 07:35 AM
Posted to Upcoming Oral Arguments