Monday, April 29, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (4/29/13):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 5/6/13):
Thursday, May 9th
- 11:00 AM - Phillip Billingsley v. State of Indiana (02S05-1303-CR-160) - Police received a call from a citizen, and a search of the vehicle Billingsley occupied revealed marijuana. The Allen Superior Court admitted into evidence the marijuana, and Billingsley was convicted of possession. A divided Court of Appeals affirmed in Billingsley v. State, 980 N.E.2d 402 (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 Merrillville High School, 276 E. 68th Place, Merrillville, IN 46410.
ILB: This is a 2-1 Dec. 7, 2012 opinion (4th case) involving an investigatory stop.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/29/13):
Tuesday, April 30th
- 1:30 PM - United States Fidelity Guaranty Co., v. Warsaw Chemical Co. (49A04-1203-CT-97) 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 Najam, Friedlander, and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, May 1st
- 10:00 AM - McLynnerd Bond, Jr., v. State of Indiana (45A03-1205-CR-212) McLynnerd Bond, Jr. was arrested in the evening of February 12, 2011. The next morning, an officer of the Gary Police Department questioned Bond about the 2007 murder of Kadmiel Mahone. After being interviewed for approximately three hours, Bond admitted he shot Mahone. He was charged with murder. Bond filed a motion to suppress the interview in its entirety, claiming his statement was involuntarily given due to coercive tactics employed by the officer, including “explicit and repeated promises of a family visit once he confessed”; “repeated promises of a better outcome if he confessed”; and “the proffered alternative of facing a racist criminal justice system if he did not confess.” The trial court, though greatly concerned by and strongly discouraging the “suggestion by the detective that the defendant could not receive a fair and impartial jury,” denied the motion to suppress. The trial court certified its order and this court accepted jurisdiction of the interlocutory appeal to address whether the statement, in light of the officer’s questioning, was voluntary.
The Scheduled Panel Members are: Chief Judge Robb, Judges Friedlander and Kirsch.
[Where: Ivy Tech-Lafayette - See this pamphlet for more information about this case.]
- 2:00 PM - Lydia Lanni v. National Collegiate Athletic Association, et al (49A05-1208-CT-392) This cause comes before us as a result of a civil tort action filed by Lydia Lanni (Lanni) against the NCAA, the University of Notre Dame, and the United States Fencing Association. Lanni, a spectator, was struck in the left eye by a fencing sabre causing a severe injury while at a purportedly NCAA sanctioned fencing match at Notre Dame. The questions presented to this court focus solely on the procedural posture of the case with respect to the NCAA’s combined motion to dismiss for failure to state a claim and/or motion for summary judgment. Specifically, in her argument Lanni relies on the interplay between Ind. Trial Rule 12(B)(6) and Ind. Trial Rule 56. Lanni asserts that the trial court erred by not providing adequate notice that it would treat NCAA’s combined motion as a motion for summary judgment and then refused to give her a “reasonable opportunity to present all material made pertinent to such a motion by Rule 56” See T.R. 12(B). In a related argument, Lanni asserts that the trial court erred in denying her motion to stay briefing in order to obtain discovery to respond to NCAA’s motion for summary judgment. Lanni also argues that the trial court erred when it subsequently entered summary judgment in favor of NCAA and denied her request to strike an affidavit, designated by NCAA. The Scheduled Panel Members are: Judges Riley, Bradford, and Brown. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Thursday, May 2nd
- 11:00 AM - Linda Huffman v. Dexter Axle Company and Evans Equipment Company (85A02-1207-CT-586) In this appeal, Linda Huffman, individually and as personal representative of the estate of Jerry Huffman, decedent, allege that Jerry Huffman died as a result of Dexter Axle Company’s negligence. Mr. Huffman, a truck driver for Evans Equipment Company, died while attempting to secure axles on a flatbed trailer located on Dexter’s property. Summary judgment was granted in favor of Dexter Axle Company. Dexter Axle Company has requested that an oral argument be scheduled. Among the questions presented in this appeal are: (1) whether Dexter Axle Company owed a duty of care to Mr. Huffman (2) whether regulations of the United States Department of Transportation preempt those of the Occupational Safety and Health Administration regarding the securing of cargo on trailers; and (3) ultimately whether summary judgment was erroneously granted in favor of Dexter Axle Company. The Scheduled Panel Members are: Chief Judge Robb, Judges May and Pyle. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, May 8th
- 7:00 PM - Indiana Horse Racing Commission v. Edmund W. Martin Jr. (49A02-1206-PL-512) Edmund W. Martin was employed by the Indiana Thoroughbred Owners and Breeders Association in 2010. In November 2010, the Executive Director of the Indiana Horse Racing Commission issued an exclusion notice to Martin prohibiting him from entering any Indiana racing facilities until he obtained a license under Indiana Code 4-31-6. Martin objected to the notice and administrative proceedings ensued. The administrative law judge determined that Martin was a participant in racing and was required to be licensed. On administrative appeal of the decision, the IHRC affirmed and adopted the ALJ's decision. Martin appealed the administrative order to the Marion Superior Court, and the parties filed motions for summary judgment. The trial court set aside and vacated the IHRC's order requiring Martin to be licensed.The IHRC now appeals. The Scheduled Panel Members are: Judges Baker, May, and Mathias. [Where: Indiana University School of Law, Wynne Moot Courtroom, Indianapolis, Indiana]
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 29, 2013 08:00 AM
Posted to Upcoming Oral Arguments