Monday, April 15, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (4/15/13):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 4/22/13):
Tuesday, April 23rd
- 12:45 PM - Brian Yost v. Wabash College, et al. (54S01-1303-CT-161) - A former fraternity pledge sued the college, local fraternity chapter, and national fraternity after being injured in activities involving several members of the fraternity. The trial court awarded summary judgment to the defendants. The Court of Appeals affirmed, unanimously as to the national fraternity and by divided vote as to the college and local fraternity chapter. Yost v. Wabash College, 976 N.E.2d 724 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Note: The oral argument will be held at Indiana University – East in the Vivian Auditorium
Whitewater Hall, 2325 Chester Boulevard, Richmond, IN 46734
ILB: This is a Oct. 12, 2012 2-1 opinion in a college hazing case.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/15/13):
Tuesday, April 16th
- 1:00 PM - Love Jeet Kaur v. State of Indiana (29A05-1208-CR-424) Appellant Love Jeet Kaur appeals from the trial court’s denial of her motion to dismiss the criminal charges against her: Class D felony dealing in a synthetic cannabinoid, Class D felony possession of a synthetic cannabinoid, and Class D felony maintaining a common nuisance. Kaur argues on appeal that (1) the new Indiana Synthetic Drug Law is unconstitutional on the grounds that it is too vague to serve notice as to what behavior is prohibited and (2) it represents an unconstitutional delegation of authority by the General Assembly because it allows the Indiana Board of Pharmacy to alter the definition of “synthetic drug.” The State argues that (1) Kaur cannot mount a challenge to the Synthetic Drug Law because the drug she is alleged to have possessed and dealt is specifically mentioned in the relevant statutes, (2) the statutes in question are not unconstitutionally vague, and (3) allowing the Indiana Board of Pharmacy to alter the definition of “synthetic drug” is not an unconstitutional delegation of authority. The Scheduled Panel Members are: Judges Friedlander, Kirsch, and Bradford. [Where: Shortridge High School, Indianapolis, Indiana ]
Thursday, April 18th
- 2:30 PM - Paul Hassfurther v. State of Indiana (26A01-1208-CR-350) In this case, the appellant-defendant, Paul Hassfurther, appeals the trial court’s denial of his petition for judicial review that involved his refusal to take a chemical test for intoxication. Hassfurther argues that a police officer lacked probable cause to believe he was operating a vehicle while intoxicated. Hassfurther also maintains the evidence was insufficient to support the trial court’s determination that he refused a chemical breath test. The Scheduled Panel Members are: Judges Baker, Riley, and Bailey. [Where: Indiana Supreme Court Courtroom (WEBCAST)]
Thursday, April 25th
- 11:00 AM - Paul Komyatti, Jr., v. The Consolidated City of Indianapolis-Marion County and Citizens Energy Group ( 49A04-1209-CT-445) In June 2010, Paul Komyatti rode his bicycle to an Indianapolis bar, drank some beers, and started biking home. As Komyatti was biking at least twenty miles per hour on the left side of the street under a railroad bridge, his front wheel struck a water-filled pothole. Komyatti fell off his bike and was injured. He was taken to the hospital, where his blood alcohol concentration was measured at .137, which exceeds the .08 legal limit for operating a vehicle. Komyatti filed suit against the City of Indianapolis and Citizens Energy Group. He alleged that the City was negligent in maintaining the street and that Citizens was negligent in allowing coke to clog the storm drains under the railroad bridge, which allegedly contributed to the pothole. The City moved for summary judgment on the basis that Komyatti was contributorily negligent, which is a complete bar to recovery in tort claims against governmental entities. Citizens also moved for summary judgment, asserting that it did not create a dangerous condition, had no duty to maintain the street, and did not proximately cause Komyatti’s injuries. The trial court granted summary judgment in favor of both the City and Citizens. Komyatti now appeals. The Scheduled Panel Members are: Judges Kirsch, Mathias, and Crone. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Friday, April 26th
- 10:00 AM - Scott A. Spears v. State of Indiana (55A01-1208-CR-391) Following a jury trial, Scott Speers was convicted of burglary and theft. Speers now appeals and raises the following issues: 1. Did the admission of certain DNA evidence violate the Confrontation Clause of the U.S. Constitution? 2. Did the trial court properly deny Speers’s motion for discharge based on an alleged violation of Speers’s speedy trial rights? 3. Did the trial court properly deny Speers’s motion for a mistrial based on alleged prosecutorial misconduct? The Scheduled Panel Members are Chief Judge Robb, Judges Friedlander, and, Crone. The Scheduled Panel Members are: Chief Judge Robb, Judges Friedlander and Crone. [Where: Martin University 2171 Avondale Place Indianapolis, Indiana 46218]
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 April 15, 2013 08:49 AM
Posted to Upcoming Oral Arguments