Monday, February 27, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/27/12):
Wednesday, February 29th
- 9:00 AM - Charlie White v. Indiana Democratic Party (49S00-1202-MI-73) - The Indiana Democratic Party (“IDP”), by its chairman, challenged the election of Charlie White as Indiana Secretary of State. The Indiana Recount Commission (“Commission”) eventually heard evidence and rejected that challenge. On IDP’s petition for judicial review, the Marion Circuit Court set aside the Commission’s decision and instructed it to declare that White was not eligible to be a candidate for the office of Secretary of State and to certify the candidate who received the second highest number of votes, Vop Osili, as Secretary of State. White and the Commission have appealed the Marion Circuit Court’s decision. The Supreme Court has granted motions to transfer and has assumed jurisdiction over this appeal.
ILB: Here is the Feb. 7, 2012 Order of the Supreme Court granting trnasfer and setting out the schedule. All of the briefs are available here. In this argument, each side has been granted 30 minutes to present argument. For background on all aspects of the Charlie White disputes, see this long ILB list.
- 10:05 AM - Walter D. Lyles v. State of Indiana (49S02-1201-CR-49) - Following a bench trial in the Marion Superior Court, Lyles was convicted of criminal trespass for refusing to leave the premises of a bank at which Lyles had an account. The Court of Appeals reversed in Lyles v. State, 956 N.E.2d 180 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Walter Lyles v. State of Indiana was a case where the COA on 10/25/11 reversed defendant's conviction for trespass for failing to leave the bank when requested to do so, finding no showing that he did not have a contractal interest in the property, by way of his account.
- 10:50 AM - Thomas R. Crowel v. Marshall County Drainage Board (50S03-1202-MI-71) - The Marshall Circuit Court denied a petition for judicial review filed by a landowner who was assessed with a portion of the cost of a public drain reconstruction project. The Court of Appeals reversed and remanded, concluding that the trial court’s findings were insufficient to support its judgment. Crowel v. Marshall County Drainage Bd., 951 N.E.2d 290 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Thomas R. Crowel v. Marshall County Drainage Board - This was an Aug. 10, 2011 2-1 COA opinion.
Next week's oral arguments before the Supreme Court (week of 3/5/12):
- No arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 2/27/12):
Monday, February 27th
- 2:00 PM - Sharon and Leslie Wright vs. Anthony Miller, D.P.M. et al (54A01-1107-CT-302 ) - Sharon Wright brought a medical malpractice claim against Dr. Anthony Miller, alleging he negligently performed surgery on her right foot and failed to obtain her informed consent to perform certain procedures. After an unfavorable decision by the Indiana Department of Insurance and two years of litigation, the trial court both struck Wright’s expert witness and dismissed her claims under Trial Rule 37(B) for failure to comply with discovery orders and Trial Rule 41(E) for failure to prosecute and failure to follow court orders. Specifically, the trial court noted that Wright did not identify her expert witness on time and would therefore be without the expert testimony at trial necessary to bring her medical malpractice claim. On appeal, Wright contends the trial court abused its discretion in both striking her expert witness and in dismissing her claims. She also contends that her claim for medical battery due to lack of informed consent can go forward even without expert testimony. The Scheduled Panel Members are: Chief Judge Robb, Judges Najam and Vaidik. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, February 29th
- 1:30 PM - FLM, LLC., vs. The Cincinnati Insurance Company, et al, (49A02-0902-CV-127 ) - This appeal concerns insurance coverage for claims arising from a lessee’s abandonment of foundry sand on lessor FLM, LLC’s (“FLM”) property and the migration of the sand onto adjacent property. FLM filed a complaint seeking a declaration that the lessee has coverage under the lessee’s insurance policies with Cincinnati Insurance Company (“Cincinnati”) for the environmental liabilities asserted against FLM and for FLM’s own action against the lessee. Summary judgment was granted in favor of Cincinnati. FLM appeals, raising the following issues: I. Whether the abandonment of sand or its migration constitutes a “wrongful entry” or “invasion of the right of private occupancy” covered by the “personal injury” provisions of the insurance policy; II. Whether this abandonment or migration constitutes “property damage” caused by an “occurrence” within the scope of the policy; and III. Whether summary judgment should have been granted in favor of FLM as to its claim that the policies provided coverage for the adjacent property owner’s claim. The Scheduled Panel Members are: Judges Kirsch, Vaidik and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Friday, March 2nd
- 12:00 PM - In Re The Paternity of K.S., J.S. vs. M.M. (17A03-1109-JP-438) - Following a period of disagreement among the parents of K.S., Father filed petitions for modification of custody of K.S. and for civil contempt of the Mother. Following a hearing and decision by the trial court, Father appeals, arguing the trial court erred in: (1) ordering continued joint legal custody; (2) granting Mother primary physical custody; and (3) not addressing the contempt petition. The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and Kirsch. [Where: Culver Cove Resort and Conference Center, Culver Cove, IN]
Monday, March 5th
- 1:30 PM - John Morse, M.D., vs. Jeffrey Wayne Davis (84A05-1103-CT-140) - John Morse, M.D., appeals the trial court’s judgment in favor of Jeffrey Davis on Davis’ complaint alleging that Dr. Morse committed medical malpractice when he failed to diagnose Davis’ colon cancer. Dr. Morse presents three issues for our review, each of which pertains to whether the trial court abused its discretion when it precluded certain evidence from being admitted at trial. The Scheduled Panel Members are: Chief Judge Robb, Judges Najam and Vaidik. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Friday, March 9th
- 1:00 PM - Richard Leggs vs. State of Indiana (49A02-1105-CR-522) - Richard Leggs was charged with and convicted of eight offenses, all arising out of an incident where he stabbed his wife and prevented her from leaving their apartment. He argues on appeal he should not have been convicted of two counts of criminal confinement because there was only one continuing confinement; multiple counts were improperly enhanced based on the same use of a deadly weapon; one of the charges was flawed because it did not allege he acted with criminal intent; and his sentence should be revised. The Scheduled Panel Members are: Judges May, Mathias and Bradford. [Where: IU/Northwest, 3400 Broadway, Gary, 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 27, 2012 06:13 AM
Posted to Upcoming Oral Arguments