Monday, August 20, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 8/20/12):
- No arguments currently scheduled.
- No arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 8/20/12):
Tuesday, August 21
- 11:00 AM - Jerry Kindred v. State of Indiana (28A01-1202-PC-50) - In 2010, Jerry L. Kindred was convicted of Class C felony child molesting and sentenced to thirty-five years in prison. Kindred filed an appeal, but later sought a stay of that appeal to pursue post-conviction relief on grounds of ineffective assistance of counsel and prosecutorial misconduct. Kindred now appeals the denial of his request for post-conviction relief and reinstates his direct appeal utilizing the Davis-Hatton procedure.
Kindred contends that the post-conviction court erred in finding: (1) no ineffective assistance of counsel at Kindred’s trial for child molesting and (2) no prosecutorial misconduct that amounted to fundamental error. For his direct appeal claims, Kindred argues that the trial court abused its discretion by: (1) admitting hearsay evidence; (2) admitting opinion/vouching testimony; and (3) admitting an un-redacted audio tape of Kindred’s interview with investigators with an accompanying transcript. Kindred also argues on direct appeal that the prosecutor engaged in misconduct that amounted to fundamental error. The Scheduled Panel Members are: Judges Vaidik, Crone and Bradford. [Where: Indiana Court of Appeal Courtroom (WEBCAST)]
- 2:00 PM - Moise Joseph v. State of Indiana (90A05-1109-PL-487) - Appellant-Defendant Moise Joseph appeals following his convictions for Class A felony Burglary Resulting in Serious Bodily Injury, Class B felony Attempted Armed Robbery, and Class B felony Criminal Confinement. Specifically, Joseph contends that the trial court abused its discretion in admitting certain statements that he made to a police detective during an interview that occurred following the illegal and warrantless entry into and search of his apartment by police officers. For its part, the State claims that the trial court properly admitted Joseph’s statements to the police detective because the statements were sufficiently attenuated from the entry into and search of Joseph’s apartment. The Scheduled Panel Members are: Judges Friedlander, Barnes and Bradford. [Where: Indiana Court of Appeal Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 8/27/12):
Tuesday, August 28
- 2:00 PM - Grandview Memorial Gardens, et al, vs. John Eckert, et al (49A02-1111-PL-992) - Grandview Memorial Gardens, LLC, Keith Mefford, Brittan Mefford, Richard Eblen, and Sherry Eblen (collectively, “Grandview”) sued John C. Eckert, Wilmer E. Goering, II, J. Anthony Goebel, and Alcorn Goering & Sage, LLP (collectively, “Eckert”), alleging legal malpractice. The trial court granted summary judgment to Eckert, determining that Grandview’s legal malpractice claims are barred by a statute of limitations. On appeal, Grandview contends that it met its burden of establishing a genuine issue of material fact and that the trial court therefore erred by granting summary judgment. The Scheduled Panel Members are: Judges Bradford, Brown, and Sr. Judge Shepard [Where: Indiana Court of Appeal Courtroom (WEBCAST)]
- 2:00 PM - Troise Brinsfield, et al vs. Estate of Jerimiah Harrison, et al ( 49A05-1111-CT-564) - Troise Brinsfield and her mother-in-law, Carol, were involved in an automobile accident with a vehicle driven by Jeremiah Harrison. Indiana Insurance Company insured the vehicle driven by Troise; Harrison’s vehicle was uninsured. Troise, her husband Scott, and Carol filed a complaint against Harrison’s estate alleging negligence, and against Indiana Insurance Company seeking uninsured motorist benefits and alleging breach of the duty of good faith and fair dealing. As part of their bad faith claim, the Brinsfields sought damages for emotional distress. Indiana Insurance filed a motion for summary judgment as to the bad faith claim, which the trial court denied as to the reasonableness of its delay in paying benefits, but granted as to the request for emotional distress damages. The Brinsfields appeal the trial court’s partial grant of summary judgment to Indiana Insurance, raising the issue of whether emotional distress damages are available in a breach of good faith and fair dealing claim. The Scheduled Panel Members are: Chief Judge Robb, Judges Baker and Bradford. [Where: Indiana 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 August 20, 2012 07:56 AM
Posted to Upcoming Oral Arguments