Monday, February 25, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/25/13):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of (3/4/13):
Thursday, March 7th
- 9:00 AM - Andrew J. Humphreys v. State of Indiana (79S04-1212-CR-670) - In the Tippecanoe Superior Court, Humphreys was convicted of conspiracy to manufacture methamphetamine, dealing in methamphetamine, and possession of substances with intent to manufacture methamphetamine. He was also found to be an habitual offender. Citing Owens v. State, 929 N.E.2d 754 (Ind. 2010), the Court of Appeals rejected Humphreys’s argument that Indiana Code section 35-50-2-8(b)(3), which limits application of the general habitual offender rule when the instant offense is a “drug offense,” applied to him. The Court of Appeals addressed other arguments, and in a memorandum decision, affirmed the trial court in part and reversed in part. Humphreys v. State, No. 79A04-1112-CR-677, slip op. (Ind. Ct. App. Sept. 24, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Sept. 24, 2012 NFP COA opinion.
- 9:45 AM - Jamar M. Washington v. State of Indiana (49S02-1212-CR-669) - Washington’s tendered instructions on self-defense, based on French v. State, 403 N.E.2d 821 (Ind. 1980), were refused by the Marion Superior Court, and Washington was convicted of battery of a law enforcement officer and other offenses. The Court of Appeals affirmed in Washington v. State, 973 N.E.2d 91 (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 an August 28, 2012 COA opinion.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 2/25/13):
Monday, February 25th
- 10:00 AM - Thomas Overton v. State of Indiana ( 35A02-1206-CR-530) The State charged Overton with Class A felony child molesting, but after a bench trial, the trial court found Overton guilty of Class C felony child molesting. Overton filed a motion to correct error, arguing that the statute of limitations for a Class C felony charge had run by the time the State filed the charge here, but the trial court denied the motion to correct error. On appeal, Overton argues that the Class C felony conviction was improper because the statute of limitations had run. The State argues that the statute of limitations was tolled by Overton’s concealment of his crime through threats to the victim. The Scheduled Panel Members are: Judges Vaidik, Barnes and Crone. [Where: Indiana University-South Bend]
- 10:30 AM - State Farm Fire Casualty v. Joseph Martin Radcliff, et al (29A04-1110-CT-571) On April 14, 2006, central Indiana suffered a hailstorm that caused millions of dollars in property damage and generated thousands of insurance claims. Following the storm, Joseph Radcliff created Coastal Property Management LLC (CPM) to assist homeowners in identifying storm damage, repairing that damage, and working with insurance companies to pay for repairs. Many State Farm & Casualty Co. policyholders’ claims were denied, and some of them complained to the Indiana Department of Insurance. Radcliff was retained by a number of State Farm policyholders. Two State Farm employees began investigating Radcliff for insurance fraud and forwarded their files to the authorities. The Marion County Prosecutor’s Office filed charges against Radcliff, but those charges were later dismissed. State Farm sued Radcliff and CPM for racketeering and insurance fraud in Hamilton Superior Court. State Farm alleged that Radcliff, through CPM, had a fraudulent scheme of intentionally damaging homes to simulate hail and wind damage and submitting false insurance claims. Radcliff and CPM counterclaimed alleging that State Farm defamed Radcliff by falsely accusing him of criminal conduct In June 2011, after a six-week jury trial at which forty witnesses testified, the jury found in favor of Radcliff and CPM on their defamation counterclaim and awarded them $14.5 million. After the verdict, State Farm filed a motion to correct errors in which it moved for judgment on the evidence, argued that it was entitled to a new trial under the “Thirteenth Juror Rule,” and argued that the damage award was excessive. The trial court denied State Farm’s motion. State Farm now appeals the defamation judgment arguing that its communications were protected by statutory immunity and a common-law qualified privilege for crime reporting, Radcliff failed to prove by clear and convincing evidence that State Farm acted with actual malice, and the damages are excessive. The Scheduled Panel Members are: Judges Vaidik, Barnes and Crone. [Where: Supreme Court Courtroom (WEBCAST)]
Wednesday, March 6th
- 1:30 PM - Gayle Fischer v. Michael and Noel Heymann ( 49A02-1204-PL-340) On remand from this court’s decision in Fischer v. Heymann, 943 N.E.2d 896 (Ind. Ct. App. 2011), trans. denied, the trial court held an evidentiary hearing to determine the damages the Heymanns owed to Fischer for their 2006 breach of an agreement to purchase Fischer’s condominium. After finding that Fischer failed to mitigate her damages, the trial court entered a damage award for Fischer in the total amount of $93,972.18. Both parties appeal the trial court’s award of damages to Fischer. The Scheduled Panel Members are: Judges Najam, Friedlander and Bradford. [Where: 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 February 25, 2013 08:12 AM
Posted to Upcoming Oral Arguments