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Monday, March 26, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/26/12):
Wednesday, March 28th
- 9:00 AM - Plank v. Community Hospitals of Indiana, Inc. (49S04-1203-CT-135) - CANCELLED
- 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.
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."Correction: This was a Sept. 19, 2011 NFP opinion, also titled J.M. v. Review Board.
- 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 The Court of Appeals dismissed Plaintiff's appeal by unpublished order.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. [Note: The oral argument will be held at Grand Theatre, 138 East Market St., New Albany. No webcast will be available.]
ILB: This was an Aug. 24, 2011 COA opinion.
Next week's oral arguments before the Supreme Court (week of 4/2/12):
- No oral arguments currently scheduled.
This 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]
Next week's oral arguments before the Court of Appeals (week of 4/2/12):
Monday, April 2nd
- 3:30 PM - Latisha A. Lawson vs. State of Indiana (02A03-1107-CR-350) - Latisha Lawson appeals her convictions for Class C felony neglect of a dependent, Class D felony neglect of a dependent, Class D felony battery, and murder. On appeal, Lawson contends that her convictions cannot be sustained because she was legally insane when she committed the offenses. The Scheduled Panel Members are: Judges Najam, Mathias and Barnes. [Where: Notre Dame Law School, South Bend]
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 26, 2012 08:20 AM
Posted to Upcoming Oral Arguments