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Monday, August 27, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 8/27/12):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 9/3/12):
Thursday, September 6th
- 9:00 AM - D.C. v. J.A.C. (32S04-1206-DR-349) - In this post-dissolution proceeding, a mother with physical custody of her child filed a notice of her intent to relocate with her child to another state. The trial court held a hearing and granted the father’s request for physical custody, finding that modification of physical custody is in the child’s best interest. The Court of Appeals held that the trial court’s decision was clearly erroneous and reversed. D.C. v. J.A.C., 966 N.E.2d 158 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a March 30, 2012 opinion (5th case) regarding relocation in another state by the mother.
- 9:45 AM - Curtis A. Bethea v. State of Indiana (18S05-1206-PC-304) - Bethea pleaded guilty to two class B felonies, and was sentenced to an aggregate term of forty years, the maximum allowed pursuant to a plea agreement. In post-conviction proceedings, the Delaware Circuit Court rejected Bethea’s argument that counsel had been ineffective in not challenging the trial court’s consideration of the victims’ loss and other items during sentencing. A divided Court of Appeals affirmed the denial of post-conviction relief in Bethea v. State, 964 N.E.2d 255 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a March 20th, 35-page, 2-1, three-opinion decision, with the court denying post-conviction relief.
- 10:30 AM - Todd J. Crider v. State of Indiana (91S05-1206-CR-306) - Crider pleaded guilty to a class D felony and an habitual offender charge. The White Superior Court ordered the sentence to be served consecutive to another sentence that also included an habitual offender enhancement. A divided Court of Appeals dismissed the appeal on grounds that the plea agreement specified Crider had waived his right to challenge the sentence on the basis that it is erroneous. Crider v. State, 966 N.E.2d 675 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: From the March 29th 2-1 COA decision:
Did the trial court erroneously order the sentence in the instant cause, which includes an enhancement for a habitual offender finding, be served consecutively to the sentence imposed in a separate cause in a different county that also included a habitual offender enhancement? We dismiss. * * * Crider “knowingly, intelligently and voluntarily waive[d] his right to challenge the sentence on the basis that it is erroneous.”
Webcasts of Supreme Court oral arguments are available here.
This 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, v. 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)]
- Troise Brinsfield, et al v. Estate of Jerimiah Harrison, et al ( 49A05-1111-CT-564) - 8/24/12 - Joint motion for voluntary dismissal granted. Oral argument cancelled.
Next week's oral arguments before the Court of Appeals (week of 9/3/12):
Wednesday, September 5th
- 1:00 PM - Thomas H. Andrews v. State of Indiana ( 29A02-1112-MI-1166) - Andrews, who currently resides in Indiana, pleaded guilty to charges of rape and abuse of a child in Massachusetts in 1984. Andrews completed his sentence in 1989, and moved to Indiana in 1993. Andrews lived outside of the state in 1996, but returned to Indiana in 1997. Andrews has not been arrested for any sex offense while residing in Indiana. Under Indiana’s sex offender registration requirements, Andrews is classified as a sexually violent predator who must register for life. Andrews argues that because he committed his crimes in another state before registration requirements took effect in either Massachusetts or Indiana, the requirement that he register as a sexually violent predator violates the ex post facto clause of the Indiana Constitution as applied to him. In response, the State argues that even if requiring Andrews to register under Indiana’s sex offender registry act violates the prohibition against ex post facto laws, Andrews has an independent obligation to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA), which Congress passed in 2006. The Scheduled Panel Members are: Judges Vaidik, Mathias and Barnes. [Where: Indiana University, Wynne Courtroom, 420 University Blvd., Indianapolis]
Thursday, September 6th
- 10:30 AM - Professional Veterinary Products LTD v. Pharmakon Long Term Care Pharmacy (49A02-1110-CC-980) - Appellant-Plaintiff Professional Veterinary Products, LTD ("PVP") appeals the trial court's order limiting Appellee-Defendant Paul Elmer's personal liability for certain purchases by Appellee-Defendant Beterinary Inventory Solutions, Inc. ("VIS") to $3000. The questions presented on appeal include: (1) whether Elmer's personal guarantee applies to the purchases made by VIS; and (2) if so, should Elmer's liability under his personal guarantee be limited to $3000. The Scheduled Panel Members are: Chief Judge Robb, Judges Baker and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - Thomson, Inc., et al, v. Continental Casualty Co., et al (49A02-1110-CC-980) - This case involves a dispute between Thomson Inc. n/k/a Technicolor USA, Inc. and several of its insurers. The part of the dispute addressed in this appeal is between Thomson and XL Insurance America. The issues raised are (1) whether the trial court erred in concluding that the full faith and credit clause requires deference to a California decision that California law applies to the interpretation of XL policies with regard to cleanup of certain contaminated sites and (2) whether the trial court erred in concluding that principles of comity required deference to the California decision. The Scheduled Panel Members are: Judges Vaidik, Crone and Bradford. [Where: Indiana Court of Appeals 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 27, 2012 08:13 AM
Posted to Upcoming Oral Arguments