Monday, May 13, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (5/13/13):
Thursday, May 16th
- 9:00 AM - Naveed Gulzar v. State of Indiana (20A03-1202-PC-88) - Gulzar pled guilty to theft in 2006. In 2011, he petitioned for post-conviction relief on grounds that counsel had been ineffective for failing to advise him that one consequence of the guilty plea was his automatic deportation from the United States. The Elkhart Superior Court denied post-conviction relief, and the Court of Appeals affirmed. Gulzar v. State, No. 20A03-1202-PC-88, (Ind. Ct. App. Aug. 7, 2012) (NFP mem. dec.), trans. pending. Gulzar has petitioned the Supreme Court to accept jurisdiction over the appeal, arguing that the Court of Appeals decision conflicts with Segura v. State, 749 N.E.2d 496 (Ind. 2001).
ILB: Although the official summary calls this a NFP opinion, that is not correct. This is an Aug. 7, 2012 for publication COA opinion. [ILB comment: This error re "NFP" was first highlighted last week.]
- 9:45 AM - Heather N. Kesling v. Hubler Nissan, Inc. (49S02-1302-CT-89) - When Kesling, a used-car buyer, sued Hubler for fraud and violation of the Indiana Deceptive Consumer Sales Act and Indiana Crime Victims Relief Act, the Marion Superior Court granted Hubler summary judgment. The Court of Appeals reversed and remanded for further proceedings, concluding that material factual issues remain regarding Kesling’s claims. Kesling v. Hubler Nissan, Inc., 975 N.E.2d 367 (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 is a 2-1 Sept. 4, 2012 COA opinion, where the dissent writes: "Unlike the Majority, I cannot agree that 'Sporty Car at a Great Value Price' says anything at all about the car’s drivability – much less that it warrants that the vehicle is in a condition such that it may be safely operated."
Next week's oral arguments before the Supreme Court (week of 5/20/13):
Thursday, May 23rd
- 9:00 AM - Jeremiah Cline v. State of Indiana (06S05-1302-MI-92) - When Cline petitioned for removal of his name and information from the Indiana Sex Offender Registry, the Boone Circuit Court ruled that although Cline is not required to register, the court is without statutory authority to order removal of his existing information from the registry. The Court of Appeals affirmed. Cline v. State, 971 N.E.2d 1240 (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 2-1 COA opinion (ILB summary here, 3rd case) from July 26, 2012 contains the dissent from CJ Robb that begins: "This is a case about whether a person who should not have had to but was erroneously required to add his name and information to the registry in the first place is entitled to relief in the form of having his name and information removed." For more, see this Oct. 25, 2012 ILB post, which includes a link to the 7th Circuit opinion in Schepers.
- 9:45 AM - Ann A. Miller, et al. v. Glenn L. Dobbs (15S05-1302-CT-91) - Plaintiffs mailed a proposed medical malpractice complaint to the Indiana Department of Insurance before expiration of the statute of limitations, but failed to include the filing and processing fees. The Department received the fees after expiration of the statute of limitations. The Dearborn Superior Court entered summary judgment for the medical providers, finding the case barred by the statute of limitations. The Court of Appeals reversed in a plurality opinion. See Miller v. Dobbs, 976 N.E.2d 91 (Ind. Ct. App. 2012), vacated. This Court has granted a petition to transfer and has assumed jurisdiction over the appeal.
ILB: This is a Sept. 13, 2012 2-1 COA opinion, with three different interpretations of when a complaint is timely filed under the Medical Malpractice Act.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/13/13):
Monday, May 13th
- 1:30 PM - Cain Family Trust v. Schrader Real Estate & Auction Co. (57A03-1209-PL-394) The Cain Family Farm, L.P., and the Cain Family Farm, LLC, (collectively “Cain Family Farm”) appeal the trial court’s grant of summary judgment in favor of Charles O. Drerup and Antlers Ridge, LLC, (collectively “Antlers Ridge”) on Cain Family Farm’s complaint seeking to stop the transfer of real property owned by Cain Family Farm to Antlers Ridge. Cain Family Farm presents the following issues for review on appeal: whether the transfer of the subject real property constituted “the carrying on in the usual way the business” of Cain Family Farm under Indiana Code Section 23-18-3-1.1(b); whether there exist genuine issues of material fact regarding Candace Somerlott’s authority to bind Cain Family Farm when she executed a purchase agreement purporting to transfer the real property; and whether the purchase agreement precludes specific performance as a remedy available to Antlers Ridge. The Scheduled Panel Members are: Judges Najam, Bailey, and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, May 22nd
- 10:00 AM - Floyd Weddle vs. State of Indiana ( 73A01-1209-CR-452) The appellant-defendant, Floyd Weddle, appeals his convictions for several drug-related offenses, including manufacturing methamphetamine, a class A felony, and possession of methamphetamine, a class B felony. Weddle claims the trial court erred in admitting evidence at trial because the police officers’ search of a residence was pretextual in nature and an alleged “protective sweep” of the house was not limited in scope and was too broad. As a result, Weddle maintains the police officers’ actions violated his constitutional rights under the Fourth Amendment and Article I, Section 11 of the Indiana Constitution. The Scheduled Panel Members are: Judges Baker, May, and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 10:30 AM - Indiana Patient's Compensation Fund vs. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, Deceased (49A05-1207-CC-340) In an action for excess damages, the Indiana Patient’s Compensation Fund paid $101,166.89 to the estate of Mable Cochran for damages arising from her wrongful death. The issue of attorney’s fees was submitted separately to the trial court, which ordered the Fund to pay an additional $50,440.00 in reasonable attorney’s fees as part of the damages suffered by the estate. The Fund appeals, contending the attorney’s fees award should have been limited pursuant to Indiana Code section 34-18-18-1 to fifteen percent of the recovery. The Scheduled Panel Members are: Chief Judge Robb, Judges May and Pyle. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
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 May 13, 2013 08:37 AM
Posted to Upcoming Oral Arguments