Monday, November 12, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (11/12/12):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of (11/19/12):
Wednesday, November 21st (Note that Justice Loretta Rush will be hearing oral arguments today for the first time.)
- 9:00 AM - Teresa Meredith et al. v. Mitch Daniels, et al. (49S00-1203-PL-172) - This case involves constitutional challenges to Indiana’s “Choice Scholarship Program,” signed into law by Governor Daniels on May 5, 2011. The Plaintiffs/Appellants are 12 citizen taxpayers opposed to the Program. After denying Plaintiffs’ motion for preliminary injunction, the Marion Superior Court, Judge Michael D. Keele presiding, entered summary judgment in favor of Defendants on January 13, 2012. The Supreme Court granted transfer pursuant to App. Rule 56(A), thereby assuming jurisdiction over the appeal.
ILB: This is the school voucher challenge and is a direct transfer from the trial court. Here is the Jan. 13, 2012 ILB entry which includes a link to the trial court opinion. Note that the Court has set aside one hour for this oral argument.
- 10:05 AM - Mary A. Manley, et al. v. Ryan A. Sherer, M.D. (59S01-1205-PL-249) - A defendant-physician accused of negligence moved for a preliminary determination of law and summary judgment, and the Orange Circuit Court granted the defendant’s motions. The Court of Appeals reversed, concluding that material issues of fact remain regarding whether the doctrine of “continuing wrongs” affects the statute of limitations here and regarding the defendant’s breach of duty and proximate causation of the plaintiff’s injuries. Manley v. Sherer, 960 N.E.2d 815 (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 Dec. 30, 2011 COA opinion reversing the trial court’s grant of Sherer's motion for summary judgment.
- 10:50 AM - Gerald A. VanPatten v. State of Indiana (02S03-1205-CR-251) - Gerald VanPatten was convicted of several counts of child molesting in the Allen Superior Court. The Court of Appeals affirmed in a not-for-publication decision, VanPatten v. State, (Ind. Ct. App. Feb. 14, 2012). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is 2-1 Feb. 14, 2012 NFP COA opinion dealing with the admissibility of evidence in a child molesting case.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 11/12/12):
Tuesday, November 13th
- 11:00 AM - David Bleeke v. State of Indiana, et al (02A05-1201-PL-25) - After the trial court granted summary judgment in favor of the State in this declaratory judgment action, Bleeke filed a notice of appeal. Among the questions presented in this appeal are: (1) whether designated Indiana Parole Board conditions of parole are void because they were not promulgated pursuant to IC 11-13-3-4(b); (2) whether designated Indiana Parole Board conditions of parole are void because they were imposed without the Indiana Parole Board first making an individualized determination that the conditions were reasonably related to Bleeke's reintegration into the community and that the conditions were not unduly restrictive of Bleeke's fundamental rights; (3) whether designated Indiana Parole Board conditions of parole are unconstitutionally vague or overbroad; (4) whether IC 11-13-3-4(g) and IC 35-42-4-11 are facially overbroad; (5) whether the State's "Sex Offender Management and Monitoring Program" is unconstitutional; and (6) whether the trial court erred in not dismissing Bleeke's action against parties other than the Parole Board. The Scheduled Panel Members are: Judges Friedlander, Brown and Sr. Judge Darden. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 11/19/12):
Tuesday, November 20th
- 11:00 AM - Granite City Insurance v. Robert Lodholtz and Pulliam Enterprises, Inc. (71A04-1111-CT-635) - Appellant Granite State Insurance Company appeals from the trial court’s denial of its motion to intervene and vacate the default judgment previously entered in the tort suit between Appellee-Plaintiff Robert Lodholtz and Appellee-Defendant Pulliam Enterprises, Inc. Granite State, Pulliam’s commercial carrier, argues that it has a direct interest in the litigation sufficient to warrant intervention or, in the alternative, that authority to the effect that it does not should not be followed. Granite State also argues that Lodholtz’s tort claim against Pulliam should be dismissed because it involves an employee injury and is therefore governed by Indiana’s worker’s compensation system. The Scheduled Panel Members are: Chief Judge Robb, Judges Baker and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - Alva Electric, Inc., et al, v. Evansville Vanderburgh School Corporation (82A01-1201-PL-2) - Alva Electric, Inc., Arc Construction Company, Inc., Danco Construction, Inc., Deig Brothers Lumber & Construction Co., Empire Contractors, Inc., Peyronnin Construction Company, Inc., Weddle Brothers Construction Company, Inc., and Wink Construction Inc. (collectively, “the Contractors”), on behalf of themselves and all similarly situated taxpayers within the district of the Evansville Vanderburgh School Corporation (“the School Corporation”), appeal the Vanderburgh Circuit Court’s denial of their motion for summary judgment and grant of a cross-motion for summary judgment in favor of the School Corporation and its related Foundation, on the Contractors’ claims under Indiana’s Public Lawsuit Statute (Ind. Code §§ 34-13-5-1 to -12) and Antitrust Act (Ind. Code § 24-1-2-3). The Contractors challenge the propriety of the grant of summary judgment as the sole issue on appeal. Specifically, they argue that the trial court erred in concluding that the contested building renovation project was not subject to competitive bidding procedures. The Scheduled Panel Members are: Judges Friedlander, Kirsch and Pyle. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, November 21st
- 11:00 AM - Daniel Brewington vs. State of Indiana (15A01-1110-CR-550) - Brewington appeals his convictions for two counts of class A misdemeanor intimidation, one count of class D felony intimidation, class D felony attempt to commit obstruction of justice, and class D felony perjury. Brewington asserts that the trial court abused its discretion in instructing the jury; the evidence is insufficient to sustain his convictions for intimidation, attempted obstruction of justice, and perjury; his convictions constitute double jeopardy; the trial court abused its discretion in admitting evidence; and that the trial court abused its discretion in empanelling an anonymous jury. The Scheduled Panel Members are: Judges Friedlander, Brown and Sr. Judge Darden. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
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 November 12, 2012 09:36 AM
Posted to Upcoming Oral Arguments