Monday, November 19, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This 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.
Next week's oral arguments before the Supreme Court (week of (11/26/12):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This 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)]
Monday, November 26th
- 1:30 PM - State of Indiana v. Gregory Lagrone ( 49A05-1203-CR-135) - Indianapolis Metropolitan Police Officers received an open parcel containing marijuana from a private parcel delivery company. The officers repackaged the marijuana with a GPS tracking device and parcel wire, affixed the original label addressed to “Michael Davis,” and then conducted a controlled delivery to the address on the shipping label, a hotel. Gregory Lagrone retrieved the parcel from the hotel, and surveillance officers followed him by car to his home. A short time later, the parcel wire activated a monitor with surveillance officers, indicating that the parcel had been opened. The officers then knocked and announced themselves. When no one answered, they entered the home without a warrant due to the risk of destruction of the marijuana. In the subsequent prosecution of Lagrone, the trial court granted his motion to suppress evidence obtained from the warrantless entry of the home. The State appeals. We ordered oral argument to ask the parties to address, in part, the relevance to this case of United States v. Jones, 132 S. Ct. 945 (2012), regarding the constitutionality of attaching a warrantless GPS tracking device to a person’s effects. The Scheduled Panel Members are: Judges Najam, Kirsch and May. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 11:00 AM - Secrena D. Erwin v. HSBC Mortgage Services, Inc., et al (32A01-1202-CT-80) - Appellant, Erwin, brought a civil suit against Appellee, HSBC Mortgage Services, (and others) due to the death of her 5 year old daughter in the backyard pool of a foreclosed home owned by Appellee. Appellee was allegedly on notice regarding the condition of the pool and the associated conditions. The trial court granted summary judgment on behalf of all named Appellees. This appeal ensued. The Scheduled Panel Members are: Judges Friedlander, Brown and Pyle. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - David S. Delegrange v. State of Indiana (49A04-1203-CR-144) - David Delagrange appeals his convictions for four counts of Class C felony attempted child exploitation, contending he did not have the intent to create a digitized image of an incident of sexual conduct by a person under eighteen when he, using a camera mounted on his shoe, recorded video of the area beneath the skirt of multiple individuals under the age of eighteen. The Scheduled Panel Members are: Judges Najam, Kirsch and May. [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 November 19, 2012 08:31 AM
Posted to Upcoming Oral Arguments