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Monday, March 19, 2012
Vacancy on Supreme Court 2012 - Retirement ceremony details
Now available from the Court, a webpage with detailed information about CJ Shepard's retirement ceremony, including photographs and remarks.
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Vacancy on Supreme Court 2012
Stage Collapse - "Trauma Doctors Weigh In On Stage Collapse Injuries"
Here is a WRTV 6 story, last updated March 16th:
INDIANAPOLIS -- The city’s top trauma centers are offering new insights on stage rigging collapses similar to the one that happened at the Indiana State Fair in August 2011.See also the accompanying video.Indiana doctors said the collapses are causing injuries that can be prevented, and they’re hoping to reduce mass casualty incidents at outdoor concerts.
Dr. Gerardo Gomez is in charge of the trauma center at Wishard Memorial Hospital. Since the State Fair, he and his colleagues have reviewed outdoor stage disasters and have concluded that Indiana’s incident was the most lethal on record.
“It shouldn’t have happened, when you have a collapse that was preventable,” Gomez said.
The study found that most injuries from stage accidents occurred above the waist, RTV6's Rafael Sanchez reported.
Dr. Jeffrey Browne with the Indiana University School of Medicine said the concern is that a massive number of those injuries could delay treatment because doctors specialized to handle specific types of emergencies could be outnumbered and overwhelmed.
“Typically, mass casualty injuries are distributed among the body equally,” Browne said.
Doctors said they hope their studies will spark changes at outdoor concert events.
The study calls for established evacuation procedures and command centers that include weather, engineering, police and health professionals to make coordinated decisions in the reassessment of outdoor stage construction.
“If we do a better job of preparing the structures to resist these winds, the chances of this happening again will be minimized,” Gomez said.
The results of the IU study are expected to be released to the public in the summer.
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Stage Collapse
Ind. Decisions - Using Wikipedia as a source in your brief?
A Court of Appeals opinion today, Robert Hardin v. Carlotta Hardin, includes this footnote on p. 2:
We note that in Wife's Statement of the Issues, she criticized Husband's Statement of the Issues in a short argumentative paragraph before she stated her own version of the issues for our review. We advise counsel to reserve argument for the Argument section of the appellate brief. Further, as part of Wife's criticism, she explained some terminology by citing to Wikipedia, an online encyclopedia. See Appellee's Brief at 1 n.1. It is acknowledged on Wikipedia's home page that it is an encyclopedia that “anyone can edit.” http://en.wikipedia.org/wiki/Main_Page (last visited Feb. 16, 2012). Thus, we would caution against relying on Wikipedia as a source in an appellate brief, especially when there are other, more demonstrably reliable sources also available online.See this Jan. 29, 2007 NYT article by Noam Cohen, headed "Courts Turn to Wikipedia, but Selectively," quoting Judge Posner:
“Wikipedia is a terrific resource,” said Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit, in Chicago. “Partly because it so convenient, it often has been updated recently and is very accurate.” But, he added: “It wouldn’t be right to use it in a critical issue. If the safety of a product is at issue, you wouldn’t look it up in Wikipedia.”Prof. Sunstein, BTW, has moved on and is now a member of the Obama administration.Judge Posner recently cited a Wikipedia article on Andrew Golota, whom he called the “world’s most colorful boxer,” about a drug case involving the fighter’s former trainer, a tangent with no connection to the issues before his court. He did so despite his own experience with Wikipedia, which included an erroneous mention of Ann Coulter, a conservative lightning rod, as being a former clerk of his.
“I have never met Ann Coulter,” he said, but added that he was heartened that the friend who spotted the error could fix it then and there.
That friend was Cass R. Sunstein, currently a visiting professor at Harvard Law School. “I love Wikipedia, but I don’t think it is yet time to cite it in judicial decisions,” he said, adding that “it doesn’t have quality control” He said he feared that “if judges use Wikipedia you might introduce opportunistic editing” to create articles that could influence the outcome of cases.
He added, however, that he could not fault a use like Judge Posner’s, which “seems too innocuous for a basis of criticism.”
Many citations by judges, often in footnotes, are like Judge Posner’s, beside the main judicial point, appear intended to show how hip and contemporary the judge is, reflecting Professor Sunstein’s suspicion, “that law clerks are using Wikipedia a great deal.”
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Ind. App.Ct. Decisions
Ind. Courts - More on: CJ Shepard approves judicial branch raises
Updating this ILB entry from March 16th, here is the Order approving the statutory adjustment, filed March 16, 2012.
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Indiana Courts
Ind. Decisions - More on: Upcoming oral arguments this week and next
Lafayette attorney Doug Masson writes:
As if to underscore Judge Baker's concerns, the J.M. v. Review Board case to which you linked is actually not the one the Indiana Supreme Court is hearing on March 28. This was actually a case decided by the Court of Appeals on September 19, 2011.ILB: Here is the ILB list of upcoming oral arguments posted earlier today. It includes this entry for March 28th:http://indianalawblog.com/archives/2011/09/ind_decisions_c_1626.html
9:45 AM - J.M. v. Review Board (93S02-1203-EX-138) - J.M. attempted to make up missed work time after having been told not to do so by his manager. J.M.’s employment was terminated and J.M. applied for unemployment benefits. The Review Board reversed an ALJ’s award of benefits, determining that the employer had just cause to discharge J.M. from his employment. The Court of Appeals reversed the Review Board. J.M. v. Review Board, No. 93A02-1102-EX-146 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.As you can see, the ILB erroneously linked to another J.M. v. Review Board, from Dec. 29, 2011, rather than the one correctly identified by Doug Masson, from Sept. 19, 2011.ILB: This was a Dec. 29, 2011 NFP opinion. In a concurring opinion Judge Baker writes: "I concur in the result reached by the majority but write separately to express my disagreement with the majority’s use of initials."
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Upcoming Oral Arguments
Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)
For publication opinions today (2):
In In Re the Paternity of C.S.: M.R. (Mother) v. R.S. (Father), a 13-page opinion, Judge Darden concludes:
The trial court did not abuse its discretion in finding that C.S.’s physical and mental/academic maturation constituted a substantial change warranting modification of custody. The trial court did not misinterpret Indiana Code section 31-17-2-8 in the process of drawing conclusions from its findings. Finally, the trial court did not err in relying on the updated custody evaluation. Affirmed.In Robert Hardin v. Carlotta Hardin , a 13-page opinion, Chief Judge Robb writes:
We conclude the trial court used an incorrect coverture fraction and thereby clearly erred in dividing Husband's pension. We also conclude the trial court did not commit clear error in awarding the entire survivor's benefit to Wife, but that the trial court failed to order Wife to pay the monthly cost of the survivor's benefit she will receive. Finally, we conclude Husband invited any error regarding consideration of tax consequences, and as a result he has waived this issue on appeal. Accordingly, we reverse and remand as to the trial court's division of Husband's pension, including the cost to Wife of the survivor's benefit, and affirm as to all other issues.
NFP civil opinions today (1):
Mark Wiley v. Midwest Poultry Services, LP (NFP)
NFP criminal opinions today (4):
Charles L. Eckard v. State of Indiana (NFP)
Juan Emerson v. State of Indiana (NFP)
Kelly Scott Thomas v. State of Indiana (NFP)
T.N.S. v. State of Indiana (NFP)
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Ind. App.Ct. Decisions
Ind. Decisions - Supreme Court issues one, so far, today
In Jimmie E. Jones, Jr. v. State of Indiana, a 3-page, 5-0 opinion, Justice Sullivan writes:
We agree with Judge Bailey’s analysis and the result reached by the Court of Appeals. Having previously granted transfer, we now adopt the court’s opinion in full.
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Ind. Sup.Ct. Decisions
Ind. Decisions - Transfer list for week ending March 16, 2012 [Updated]
[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the Feb. 24, 2012 list.]
Here is the Clerk's transfer list for the week ending Friday, March 16, 2012. It is three pages (and 27 cases) long.
Five transfers were granted last week, and at least two of them are bigees:
- Virginia Garwood and Kristin Garwood v. Indiana Department of State Revenue - Here the Court has granted a transfer from a Tax Court decision. See this long list of earlier ILB entries, the most recent, from Aug. 25, 2011, headed ""Court rules state overstepped by taking dogs to recoup taxes"."
- Teresa Meredith, Dr. Edward E. Eiler, Richard E. Hamilton, Sheila Kennedy, Glenda Ritz, et al. v. Mitch Daniels, in his official capacity as Governor of Indiana, Dr. Tony Bennett, et al. - This is direct transfer from the trial court. See this ILB entry from Jan. 13, 2012, headed "Trial judge upholds school voucher law," for a copy of the trial court opinion. [Update] Here is a copy of the Court's Rule 56(A) Order transferring the appeal to the Supreme Court, and denying the motion to expedite the appeal.
- In the Matter of: T.N.; G.N. v. The Indiana Dept. of Child Services and Child Advocates, Inc.
- Jesse J. Harris, Jr. v. State of Indiana
- Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Company
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Indiana Transfer Lists
Vacancy on Supreme Court 2012 - Ceremony for retiring CJ Shepard today at 1:30 PM
Watch live at 1:30 PM via Windows Media.
Some quotes from the news release:
Governor Mitch Daniels and American Bar Association President, William T. (Bill) Robinson will honor the public service career of retiring Indiana Supreme Court Chief Justice Randall T. Shepard on March 19, 2012. The event will allow state officials, the legal community and the public to show appreciation for Chief Justice Shepard’s twenty-seven years of service to Indiana.The ceremony will also include remarks from Justice Brent E. Dickson, state and local bar associations and a former law clerk. Shepard’s wife, Amy W. MacDonell, and their daughter, Mattie Shepard will also be present at the ceremony.
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Vacancy on Supreme Court 2012
Vacancy on Supreme Court 2012 - "Gov Daniels says he may name a new Supreme Court justice to replace retiring CJ Shepard this week"
So tweets Mary Beth Schneider of the Indianapolis Star.
That makes sense, as the Chief's last day is this Friday.
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Vacancy on Supreme Court 2012
Catch-up: What did you miss over the weekend from the ILB?
Below is the answer to "What did you miss over the weekend from the ILB?
But first, didn't you check the ILB a lot last week? Then please make the move to supporting the ILB.
From Sunday, March 18, 2012:
- Ind. Gov't. - "Critics raise questions about Rockport power plant"
- Ind. Law - "Fines will toughen Indiana public-access laws, backers say: Bill awaits decision by Gov. Mitch Daniels"
- Law - "Is Facebook part of your estate? States weigh laws to govern social media accounts after death" - A closer look ...
- Ind. Decisions - Still more on: Supreme Court issues public reprimand to Carl J. Brizzi
From Saturday, March 17, 2012:
- Ind. Gov't. - "Dr. Antoinette Laskey resigns in frustration as head of Indiana Child Fatality Review Team: Nationally recognized expert blames lack of support from Daniels administration, conflicts with head of DCS"
- Ind. Gov't. - More on: BMV announces that it is suspending the Indiana Youth Group from its Special Group Recognition License Plate Program [Updated]
- Courts - Still more on "Ky. court will hear appeal by Amish: Safety triangles at issue in case "
- Ind. Gov't. - More on "Monroe County, Benton Township trustee resigns after seeing 2010 audit report"
From late Friday afternoon, March 16, 2012:
- Law - "New Guide Explains the Medicaid Appeals Process"
- Ind. Law - Governor has now received all bills passed this session
- Ind. Gov't. - BMV announces that it is suspending the Indiana Youth Group from its Special Group Recognition License Plate Program
Posted by Marcia Oddi on Monday, March 19, 2012
Posted to Catch-up
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/19/12):
Thursday, March 22nd
- 9:00 AM - Quanardel Wells v. State of Indiana (49S05-1202-CR-68) - Wells was charged with several counts of sexual assaults against different women. The Marion Superior Court denied Wells’s motion for severance. See Ind. Code § 35-34-1-11. In this interlocutory appeal, the Court of Appeals affirmed in a not-for-publication memorandum decision, Wells v. State, No. 49A05-1012-CR-731, slip op. (Ind. Ct. App. Sept. 22, 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Sept. 22, 2011 NFP COA opinion.
Wednesday, March 28th
- 9:00 AM - Plank v. Community Hospitals of Indiana, Inc. (49S04-1203-CT-135) - After a jury in this medical malpractice action awarded Plank $8.5 million in damages, the trial court granted Community’s motion to reduce the award to conform to the Medical Malpractice Act’s cap on damages and entered judgment in the reduced amount. On cross-appeals, the Court of Appeals affirmed in part, reversed in part, and remanded for an evidentiary hearing on Plank’s constitutional challenges to the statutory cap on damages. Plank v. Community Hospitals of Indiana, Inc., 956 N.E.2d 731 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 2-1 Oct. 25, 2011 COA opinion.
- 9:45 AM - J.M. v. Review Board (93S02-1203-EX-138) - J.M. attempted to make up missed work time after having been told not to do so by his manager. J.M.’s employment was terminated and J.M. applied for unemployment benefits. The Review Board reversed an ALJ’s award of benefits, determining that the employer had just cause to discharge J.M. from his employment. The Court of Appeals reversed the Review Board. J.M. v. Review Board, No. 93A02-1102-EX-146 (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 Dec. 29, 2011 NFP opinion. In a concurring opinion Judge Baker writes: "I concur in the result reached by the majority but write separately to express my disagreement with the majority’s use of initials."
- 10:30 AM - Hugh Reed v. Edward Reid, et al. (40S01-1107-PL-436) - Plaintiff alleges that several Defendants illegally dumped hazardous waste instead of "clean fill" on his property. The Jennings Superior Court entered five partial summary judgment orders in favor of Defendants. The Court of Appeals dismissed Plaintiff's appeal by unpublished order. The Supreme Court granted a petition to transfer the case, assumed jurisdiction over the appeal, and ordered briefing on the merits.
- 5:00 PM - Dalmas Anyango v. Rolls-Royce Corp., et al. (49A04-1011-CT-679) - Plaintiffs’ son was killed as a result of a helicopter crash in British Columbia. Plaintiffs filed a wrongful death action in the Marion Superior Court against the manufacturers of the helicopter, the engine, and the engine’s components. The trial court granted the defendants’ motion to dismiss on grounds of forum non conveniens, and the Court of Appeals affirmed. Anyango v. Rolls-Royce Corporation, 953 N.E.2d 1147 (Ind. Ct. App. 2011). The plaintiffs have petitioned the Supreme Court for transfer.
ILB: This was an Aug. 24, 2011 COA opinion.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 3/19/12):
- No oral arguments currerently scheduled.
Next week's oral arguments before the Court of Appeals (week of 3/26/12):
Thursday, March 29th
- 10:00 AM - State of Indiana vs. Blake Lodde (79A02-1111-CR-1067) - An officer stopped at the home of Blake Lodde to check on him because Lodde was a convicted sex offender assigned to the officer. As the officer and Lodde spoke the officer noticed some indicia of Lodde’s possible intoxication. The officer returned to his vehicle, Lodde entered his car to drive away, and the same officer pulled him over. The trial court granted Lodde’s motion to suppress evidence, and the State now appeals. The Scheduled Panel Members are: Chief Judge Robb, Judges Baker and Kirsch. [Where: Ivy-Tech-Lafayette, Ivy Hall 3101 South Creasy Lane Lafayette, Indiana 47905]
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 Monday, March 19, 2012
Posted to Upcoming Oral Arguments