Monday, May 06, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This 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.
Next 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.
- 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."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/6/13):
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 prohibitinghim 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]
Next 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)]
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 6, 2013 08:46 AM
Posted to Upcoming Oral Arguments