Monday, May 14, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/14/12):
Monday, May 14th
- 1:00 PM - Indiana Department of State Revenue v. Miller Brewing Company (49S10-1203-TA-136) - The Department of State Revenue denied Miller’s request for a refund of taxes Miller paid on certain carrier-pickup sales, sales in which an Indiana customer submitted purchase orders to Miller’s headquarters in Wisconsin and the Indiana customer would arrange for and hire third-party common carriers to pick up products at Miller’s Ohio brewery. In this appeal, the Tax Court granted summary judgment to Miller after deciding that the carrier-pickup sales are not Indiana sales and therefore not allocable to Indiana. Miller Brewing v. Ind. Dep’t of State Revenue, 955 N.E.2d 865 (Ind. Tax Ct. 2011). The Supreme Court has granted a petition for review of the Tax Court decision.
ILB: This is a 12-page August 11, 2011 Tax Court opinion by Sr. Judge Fisher.
- 1:45 PM - National Wine & Spirits, Inc. v. Ernst & Young, LLP (49S02-1203-CT-137) - Corporate clients filed claims, including a claim of deception, against accountants based on the conduct of the accountants when presenting documents during an earlier arbitration session involving the parties. The Marion Superior Court granted the accountants summary judgment, but the Court of Appeals reversed, concluding that material issues of fact remain concerning the deception claim. National Wine & Spirits, Inc. v. Ernst & Young, LLP, 954 N.E.2d 1017 (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 is a Sept. 15, 2011 COA opinion.
Next week's oral arguments before the Supreme Court (week of 5/21/12):
- None currently schedued.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/14/12):
Thursday, May 17th
- 10:00 AM - Town of Zionsville, et al v. Hamilton County Airport Authority (49A05-1107-PL-374) - The Town of Zionsville, Indiana, and the Zionsville Area Commission appeal the trial court’s judgment in favor of the Hamilton County Airport Authority. On appeal, the Town and the Area Commission contend that they, rather than the Airport Authority, have jurisdiction over zoning and planning decisions at the Indianapolis Executive Airport. The Scheduled Panel Members are: Judges Darden, Barnes and Senior Judge Shepard. [Where: Court of Appeal Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 5/21/12):
Monday, May 21st
- 1:30 PM - Eldon E. Harmon v. State of Indiana (20A03-1110-CR-529) - Following a jury trial, Harmon was convicted of Class A felony dealing methamphetamine in an amount that weighed three grams or more. On appeal, Harmon argues that (1) the trial court abused its discretion by allowing a witness to demonstrate the weight of three small samples of methamphetamine taken from three larger reaction vessels recovered from the scene of Harmon’s arrest by holding a vial of methamphetamine in one hand and a similar vial containing three grams of artificial sweetener in the other hand, and testifying that they were of approximately equal weight; and (2) that the State presented insufficient evidence to establish that the methamphetamine weighed at least three grams. The Scheduled Panel Members are: Judges Vaidik, Mathias and Barnes. [Where: Garrett High School, Garrett, Indiana ]
- 10:00 AM - Covered Bridge Homeowners Association v. Town of Sellersburg, Indiana (10A01-1101-PL-13) - Covered Bridge Homeowners Association, Inc., and others appeal the trial courts’ rulings in favor of the Town of Sellersburg and others that the Town’s annexation of certain territory takes precedence over the incorporation of that same territory by the Clark County Commissioners and that the affected property owners waived their right to remonstrate against the annexation. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Court of Appeal Courtroom (WEBCAST)]
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 May 14, 2012 06:03 AM
Posted to Upcoming Oral Arguments