Monday, October 15, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (10/15/12):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of (10/22/12):
Thursday, October 11th
- 9:00 AM - Joseph A. Davis v. Herbert Simon and Bui Simon (49S04-1208-CT-498) - When Simon and his wife sued Davis, a California attorney, for defamation and false light publicity based on a statement Davis made during a phone call with an Indianapolis-based news organization, Davis moved to dismiss, and the Marion Superior Court denied the motion to dismiss. The Court of Appeals reversed, concluding that the trial court lacks personal jurisdiction over Davis because he did not expressly aim his conduct at Indiana. Davis v. Simon, 963 N.E.2d 46 (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 26-page, Feb. 29, 2012 COA opinion, where the question is whether the Simons have jurisdiction to sue Mr. Davis (of California) in Indiana. "Joseph A. Davis appeals the trial court's denial of his Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, on Grounds of Forum Non Conveniens, in favor of Herbert and Bui Simon." The trial court denied Mr. Davis' motion to dismiss. The COA panel here reverses, 2-1.
- 9:45 AM - Whiskey Barrel Planters Co., Inc. v. American GardenWorks, Inc. (04S03-1209-PL-503) - After purchasing "substantially all" the assets of Whiskey Barrel Planters, American GardenWorks filed a complaint alleging Whiskey Barrel Planters and its two shareholders failed to turn over certain assets included in the sale. Whiskey Barrel Planters filed counterclaims for conversion and replevin. The Benton Circuit Court denied Whiskey Barrel Planters' motion for partial summary judgment. After a trial, the court entered judgment for American GardenWorks. The Court of Appeals reversed, concluding the sale of "substantially all" the assets of Whiskey Barrel Planters did not include season football tickets, shareholder loans, or personal property, and that the shareholders were entitled to recover any personal property converted by American GardenWorks. The Court of Appeals remanded for further proceedings on the attorney's fees awarded to American GardenWorks. Whiskey Barrel Planters Co., Inc. v. American GardenWorks Inc., 966 N.E.2d 711 (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 an April 16, 2012 COA opinion involving contract interpretation, reversing the trial court decision.
- 10:30 AM - State of Indiana ex rel Indiana Supreme Court Disciplinary Commission v. Derek Farmer (94S00-1103-MS-165) - The Indiana Supreme Court Disciplinary Commission filed a verified petition under Indiana Admission and Discipline Rule 24 to enjoin the Respondent, Derek A. Farmer, from engaging in the unauthorized practice of law. Farmer filed a return opposing the petition. A Commissioner appointed by the Court held a hearing and made factual findings, after which the parties filed briefs responding to the Commissioner’s findings. The Court has granted a motion for oral argument.
This week's oral arguments before the Court of Appeals (week of 10/15/12):
Wednesday, October 17th
- [Rescheduled for Nov. 5, 2012 at 1:30 PM] -
Duke Energy v. Indiana Utility Regulation Commission (93A02-1111-EX-1042) - A January 2009 ice storm in southern Indiana caused damage to Duke Energy Indiana’s electrical system. Duke filed a petition with the Indiana Utility Regulatory Commission (IURC) seeking deferred accounting treatment for its operating expenses relating to this storm. An evidentiary hearing was held, and Scott Storms was the administrative law judge. The Indiana Office of Utility Consumer Counselor (OUCC) opposed Duke’s request for deferred accounting treatment on grounds that it constituted both retroactive ratemaking and single-issue ratemaking. The IURC approved Duke’s request, and the OUCC appealed.
While the OUCC’s appeal was pending before this Court, Storms accepted employment with Duke. After it was discovered that Storms was negotiating employment with Duke while cases involving Duke – including this one – were pending before him, an investigation was launched. Pursuant to Indiana Appellate Rule 37, the OUCC filed a verified motion for stay of appeal and remand. This Court granted the OUCC’s motion and remanded this case to the IURC. In addition, the IURC reopened this case for further review and consideration. The Scheduled Panel Members are: Judges Vaidik, Mathias and Barnes. [Where: Indiana Supreme Court Courtroom (WEBCAST)]
Thussday, October 18th
- 11:00 AM - Flaherty & Collins, Inc., v. BBR-Vision I, and New Castle Realty, LLC (93A02-1111-EX-1042) - BBR-Vision I, L.P. entered into a management agreement with Flaherty & Collins, Inc., whereby BBR-Vision I, L.P. hired Flaherty & Collins, Inc. to manage a low-income housing apartment complex owned and operated by BBR-Vision I, L.P. and its general partner, New Castle Realty, LLC. After an employee of Flaherty & Collins, Inc. altered the income certification documents of several tenants, BBR-Vision I, L.P. and New Castle Realty, LLC filed a five-count complaint against Flaherty & Collins, Inc. The parties filed cross-motions for partial summary judgment. The trial court denied Flaherty & Collins, Inc.’s motion for partial summary judgment, finding that the designated evidence established a claim and entitlement to damages under the Indiana’s Crime Victims Relief Act and that New Castle Realty, LLC has standing. The trial court granted BBR-Vision I, L.P. and New Castle Realty, LLC’s motion for partial summary judgment on their indemnity and fraud claims. The Scheduled Panel Members are: Judges Friedlander, Brown and Sr. Judge Darden. [Where: Indiana Court of Appeal Courtroom (WEBCAST)]
Monday, October 22nd
- 10:30 AM - James O. Young v. State of Indiana (20A04-1112-CR-699) - James Young appeals his conviction for Class D felony domestic battery and Class D felony strangulation following a jury trial. Young’s wife, the victim, did not testify at trial, but two firefighters and a police officer who had spoken with her at or near the time of the incidents involved were allowed to testify concerning the substance of the statements she made to them. Young presents the following issues for review on appeal: (1) whether the firefighters’ and police officer’s testimony regarding the victim’s statement to them was a violation of the Confrontation Clause within the Sixth Amendment of the Constitution of the United States or permissible questioning during an ongoing emergency; (2) whether the trial court abused its discretion in concluding that the victim’s statement to the police officer, more than 45 minutes after the incidents, was an excited utterance; and (3) whether there was sufficient evidence to prove that Young committed the offenses in a child’s physical presence so as to elevate the domestic battery offense to a Class D felony. The Scheduled Panel Members are: Judges Vaidik, Mathias and Barnes. . [Where: Allen Superior Courtroom No. 1 715 S. Calhoun Street Fort Wayne, Indiana]
Tuesday, October 23rd
- 10:00 AM - Kenneth S. Tipton v. State of Indiana (47A01-1201-CR-4) - Kenneth Tipton was convicted of criminal recklessness after he shot at a house during a standoff with police He argues on appeal the evidence was insufficient to convict him because that offense requires proof there was a risk of injury to a person and nobody was in the house when he shot at it. The Scheduled Panel Members are: Judges Baker, May and Sr. Judge Shepard. [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 October 15, 2012 08:50 AM
Posted to Upcoming Oral Arguments