Monday, April 16, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/16/12):
Friday, April 20th
- 9:30 AM - Michael J. Lock v. State of Indiana (35S04-1110-CR-622) - Police stopped Michael Lock while he was operating a Yamaha Zuma at forty-three miles per hour. In the Huntington Circuit Court, Lock was convicted of operating a “motor vehicle” while his driving privileges were suspended. The Court of Appeals reversed on grounds the State failed to prove that the Zuma was a motor vehicle as defined in Indiana Code sections 9-13-2-105 and 109. Lock v. State, 952 N.E.2d 280 Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[Note: Argument will be held in the Gathertorium located in the main building on the campus of Martin University, which is located at 2171 N Avondale Place, Indianapolis, IN 46218. No webcast. Note that this will be the first oral argument with Justice Massa on the Court.]
ILB: This was a 2-1, July 26, 2011 COA opinion where the majority wrote: "Lock argues the State did not prove he operated a motor vehicle, because his Zuma is a motorized bicycle, which, pursuant to Ind. Code § 9-13-2-105(d), is exempt from the provisions of the statutes regarding operation of a motor vehicle while privileges are suspended. We agree the State did not prove the Zuma was a motor vehicle; however, neither does the record before us permit us to hold the Zuma is a motorized bicycle. * * * We decline the State's invitation to relieve it of its burden to prove every element of a crime it prosecutes."
Next week's oral arguments before the Supreme Court (week of 4/23/12):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/16/12):
Monday, April 16th
- 2:00 PM - Jason Michael Palilonis v. State of Indiana (42A05-1104-CR-197) - Jason Palilonis was convicted of Class B felony rape for raping a fellow Vincennes University student after a night of partying. A year after the incident, the victim, B.S., committed suicide. At trial, statements Palilonis made to the police, statements B.S. made to the nurse during her sexual-assault examination, and evidence of B.S.’s death were admitted into evidence over Palilonis’s objections. Testimony from a nurse vouching for the credibility of B.S.’s statements about the rape was also admitted, but without objection from Palilonis. The jury found Palilonis guilty, but days later a juror alleged juror misconduct, specifically that the foreperson told the jury the judge thought Palilonis was guilty. Evidentiary hearings were held and the trial court found that no misconduct occurred. On appeal, Palilonis contends that the trial court abused its discretion by: (1) denying his motion to set aside the verdict and correct errors based on alleged juror misconduct; (2) allowing the jury to be informed that B.S. was unavailable because she was deceased; (3) admitting statements made by B.S. during her sexual-assault examination; (4) admitting the vouching statements made by the nurse; and (5) admitting the statements he made during his police interview. He also contends that the evidence is insufficient to convict him of Class B felony rape The Scheduled Panel Members are: Judges Vaidik, Mathias and Barnes. [Where: Valparaiso University, Tabor Classroom Wesemann Hall School of Law 656 S. Greenwich Street Valparaiso]
Tuesday, April 17th
- 2:20 PM - Duane T. Lee v. State of Indiana (49A04-1105-CR-225) - Duane Lee was arrested when he was seventeen years old on suspicion of involvement in a burglary and rape shortly after the incident occurred. At the police station in the early hours of the morning, Lee was not very alert. Lee’s mother, who had come to the police station, consented to DNA swabs being taken from Lee’s person. Lee was charged in adult court with fourteen counts, including Class A felony rape, Class B felony burglary, and seven counts of Class A felony criminal deviate conduct. The DNA evidence was introduced at trial without objection by Lee. A jury found him guilty of all charges but for one count of criminal deviate conduct. Lee appeals his convictions, contending the trial court committed fundamental error in admitting the DNA evidence because his constitutional rights were violated when the police obtained the DNA evidence by consent of his mother without meaningful consultation between Lee and his mother first, and without Lee joining knowingly and voluntarily in the waiver of his rights.
The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and Crone.
[Where: Walden Inn and Conference Center
Greencastle, Indiana ]
- 3:00 PM - William Pargo v. State of indiana (49A05-1104-CR-174) - William Pargo was charged with conspiracy to deal cocaine. After the State made numerous amendments to the charging information, Pargo petitioned for and was granted an interlocutory appeal. He argues the amended information stated nearly countless possible allegations, so he did not have fair notice of the charges against him and could not be fairly tried by a jury. The Scheduled Panel Members are: Judges Judges Kirsch, May and Bradford. [Where: Morgan County Courthouse Superior Court 3 2nd Floor, Courthouse Square 10 E. Washington Street Martinsville, Indiana ]
Thursday, April 19th
- 1:30 PM - William Carter v. R. Hilliard, et al (49A02-1106-PL-582) - William T. Carter, derivatively on behalf of CNO Financial Group, Inc. (“CNO”), filed a complaint against current and former members of the board of directors and officers of CNO (collectively "Defendants") alleging in part breach of fiduciary and good faith duties. Defendants filed a motion to dismiss the amended complaint on the ground that Carter had failed to make a showing that pre-suit demand on CNO’s Board of Directors was futile. Because CNO was incorporated in Delaware, that state’s law applies. At issue on appeal is the proper demand futility standard to be applied, which in turn depends on the applicability of the exculpatory clause in the charter of incorporation and whether the trial court correctly concluded that the amended complaint asserted oversight claims. The Scheduled Panel Members are: Chief Judge Robb, Judges Najam and Vaidik. [Where: Court of Appeals Courtroom (Webcast)]
Monday, April 23rd
- 1:30 PM - TDM Farms of North Carolina, et al v. Wilhoite Family Farm, LLC (79A02-1101-PL-33) - Appellants TDM Farms, Inc. of North Carolina and Dale Johnson (collectively, “TDM”) bring this interlocutory appeal from the trial court’s denial of their motion for summary judgment against plaintiff-appellee Wilhoite Family Farm, LLC (“Wilhoite”). Wilhoite had filed suit against TDM alleging nuisance, negligence, and trespass after TDM intentionally introduced a highly contagious virus—the Porcine Reproductive and Respiratory Syndrome--to its hog farm, which then spread to Wilhoite’s neighboring hog farm and caused significant loss. TDM sought summary judgment on the theory that Wilhoite’s claims were either preempted by the federal Virus-Serum Toxin Act or barred by Indiana’s Right to Farm Act.
The Scheduled Panel Members are: Chief Judge Robb, Judges Najam and Vaidik.
[Where: Court of Appeals Courtroom (Webcast)]
ILB: For background, see this ILB entry from Feb. 20, 2011.
Wednesday, April 25th
- 1:30 PM - Sisters of St. Francis Health Services v. EON Properties, LLC. (45A05-1110-PL-587) - Summary judgment against Sisters of St. Francis Health Services over a lease agreement for medical office space in Shererville, Indiana. The Scheduled Panel Members are: Judges Baker, Riley and Bailey. [Where: Court of Appeals Courtroom (Webcast)]
Thursday, April 26th
- 11:00 AM - Mark Gasser v. Lesa B. Downing, et al (19A05-1108-PL-419) - Mark Gasser was scheduled to meet friends to play golf. Because the battery was dead in his pickup truck, Gasser asked another golfer to pick him up. On their way to the golf course, the car was involved in a collision and Gasser was injured. Gasser sought coverage under his Auto-Owners Insurance Company policy, which applies when someone else’s vehicle is temporarily used as a substitute for the insured auto. Auto-Owners denied coverage, and Gasser appeals from the trial court’s grant of summary judgment to Auto-Owners. The Scheduled Panel Members are: Judges Baker, Bailey and May. [Where: Marian University, 3200 Cold Springs Road, Indianapolis]
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 April 16, 2012 08:38 AM
Posted to Upcoming Oral Arguments