Monday, March 19, 2012
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 March 19, 2012 10:12 AM
Posted to Upcoming Oral Arguments