Monday, April 23, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/23/12):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 4/30/12):
Thursday, May 3rd
- 10:30 AM - Timothy W. 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: Justice Massa's first appearance on bench.]
ILB: This was a 2-1, Oct. 26, 2011 COA opinion where the majority concludes: "We hold that Plank is entitled to an evidentiary hearing so that he can attempt to sustain his burden to prove that the statutory cap on medical malpractice awards under the Act is unconstitutional. Without a hearing, Plank has no means to satisfy his burden of proof. We need not address the merits of Plank’s constitutional challenge, which are not before us in this appeal. Finally, Community has not demonstrated that the trial court abused its discretion when it instructed the jury and, thus, Community is not entitled to a new trial."
And the dissent concludes: "In sum, because Plank could have challenged the constitutionality of the statutory damages cap either before or during trial, but he did not, I believe that he has waived his constitutional arguments. As a result, Plank should not be permitted to advance those arguments at a subsequent hearing."
For more, see this ILB entry from Oct 27. 2011.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/23/12):
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]
Next week's oral arguments before the Court of Appeals (week of 4/30/12):
Monday, April 30th
- 1:00 PM - Dana L. Lewis, Jr., v. State of Indiana (40A01-1106-CR-276) - Appellant-Defendant Dana L. Lewis, Jr. appeals the decision of the Jennings Circuit Court denying his Motion to Suppress statements made by Lewis to a Jennings County Sheriff’s Sergeant after Lewis asked, “Can I have a lawyer?” during a police interview regarding an alleged sex crime. Appellant argues that the statements were obtained in violation of his Fifth Amendment right to counsel, which he claims he unequivocally and unambiguously invoked. The Scheduled Panel Members are: Chief Judge Robb, Judges Friedlander and Bradford. [Where: Shortridge High School, 3401 N. Meridian Street, Indianapolis, Indiana]
Tuesday, May 1st
- 11:00 AM - Ian McCullough v. State of Indiana (49A04-1105-CR-225) - Ian McCullough appeals the post-conviction court’s denial of his petition for post-conviction relief. McCullough argues that he was denied the right to effective assistance of trial counsel. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Court of Appeals Courtroom (Webcast)]
Friday, May 4th
- 10:30 AM - James Ripps vs. State of Indiana (15A01-1109-CR-436) - James Ripps was convicted of child molesting and sentenced to eight years with six years and 300 days of his sentence suspended to probation. Among the conditions of his probation were that he not reside within one thousand feet of a school property and that he inform all persons living at his place of residence of his conviction. On May 27, 2011, the State filed a notice of probation violation alleging that Ripps had violated both of these conditions of his probation. Following a hearing, the trial court revoked Ripps’s probation and ordered that he serve the remainder of his suspended sentence. Ripps appeals the sentence, arguing that revoking his entire sentence was an abuse of discretion. The Scheduled Panel Members are: Chief Judge Robb, Judge Baker and Senior Judge Shepard. [Where: Franklin Community High School, Performing Arts Center, 2600 Cumberland Drive, Franklin, Indiana]
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 23, 2012 06:23 AM
Posted to Upcoming Oral Arguments