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Monday, December 24, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (12/24/12):
- No oral arguments currently scheduled
Next week's oral arguments before the Supreme Court (week of (12/31/12):
Thursday, January 3rd
- 9:00 AM - Tim Berry, et al. v. William Crawford, et al. (49S00-1201-PL-53 & 49S00-1202-PL-76) - This is a consolidated appeal from the trial court’s interlocutory ruling of December 6, 2011, and final judgment of February 6, 2012, pertaining to fines levied by the House of Representatives against members of the House Minority Caucus who absented themselves on certain days during the 2011 and 2012 sessions of the General Assembly. The Supreme Court assumed jurisdiction over these appeals while they were pending in the Court of Appeals, pursuant to Indiana Appellate Rule 56(A).
ILB: The Supreme Court granted transfer on Feb. 8, 2012 and Jan. 27, 2012. For more, see this Jan. 31, 2012 ILB entry.
- 9:45 AM - Anthony Wade v. Terex-Telelect, Inc. (29S05-1209-CT-557) - Wade was injured in a fall from a utility truck’s aerial passenger bucket and filed this product liability claim against the bucket’s maker, Terex-Telelect; a jury returned a verdict for Terex-Telelect, and the Hamilton Superior Court entered judgment on the verdict. The Court of Appeals reversed and remanded for retrial after concluding that the evidence did not support the trial court’s instruction telling jurors they could presume a defendant is not liable if the defendant proves its product was “state of the art” or complied with applicable governmental regulations. Wade v. Terex-Telelect, Inc. , 966 N.E.2d 186 (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 was a 2-1 April 11, 2012 COA opinion reversing the trial court on a jury instruction in a products liability case.
- 10:30 AM - Andrew McWhorter v. State of Indiana (33A01-1202-PC-72) - After McWhorter killed a woman and was convicted of voluntary manslaughter, the Henry Superior Court denied post-conviction relief. The Court of Appeals concluded McWhorter’s attorney had been ineffective for failing to object to the voluntary manslaughter instruction, and that double jeopardy considerations precluded McWhorter from being retried for murder or involuntary manslaughter. McWhorter v. State, 970 N.E.2d 770 (Ind. Ct. App. 2012), trans. pending. The State of Indiana has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: See this July 12, 2012 ILB summary of the 12-page COA opinion; the case has not yet been granted transfer.
This week's oral arguments before the Court of Appeals (week of 12/24/12):
- No oral arguments currently scheduled
Next week's oral arguments before the Court of Appeals (week of 12/31/12):
- No oral arguments currently scheduled
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 Monday, December 24, 2012
Posted to Upcoming Oral Arguments
Ind. Decisions - January set to be a relatively busy month for Supreme Court
The Indiana Supreme Court has scheduled a baker's dozen (i.e. 13) oral arguments for January 2013, starting off at 9 AM on January 3rd with the legislative fines case, Berry v. Crawford.
Posted by Marcia Oddi on Monday, December 24, 2012
Posted to Indiana Courts