Monday, June 24, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/24/13):
Thursday, June 27th
- 9:00 AM - Matter of Adoption of C.B.M. (37S03-1303-AD-159) - The Jasper Superior Court denied a petition to set aside an adoption decree filed by a birth mother who had successfully appealed a prior order terminating her parental rights. The Court of Appeals reversed. Matter of Adoption of C.B.M., 979 N.E.2d 174 (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 Nov. 30, 2012 opinion, where a concurring opinion begins:
I agree with the majority that Birth Mother’s due-process rights were violated, she should have received notice of the adoption proceedings, and the adoption decree must be set aside. I also agree with the majority’s conclusion that the adoption statutes at issue are constitutional. My reasoning, however, is different. I conclude that the adoption statutes require notice of adoption proceedings to birth parents whose rights have been terminated but who have not exhausted their appeals."
- 9:45 AM - Richard Eric Johnson v. Gillian Wheeler Johnson (49S05-1303-DR-199) - The Marion Superior Court modified Father's child support obligation. The calculation of support included crediting Father for social security retirement benefits paid to the children and credited Mother for health insurance premiums paid for the children. The court also determined the amount of uninsured healthcare expenses Father owes Mother, declined Father's request to modify the parties' prior agreement on the payment of college expenses, and modified Father's parenting time. The Court of Appeals affirmed in part, reversed in part, and remanded. Johnson v. Johnson, No. 49A05-1202-DR-81 (Ind. Ct. App. Dec 4, 2012) (NFP mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is an Dec. 4, 2012 NFP opinion. that concluded:
The trial court did not abuse its discretion in its order regarding Father’s prior uninsured health care expense obligation, parenting time, and college expenses. The trial court did abuse its discretion in calculating Mother’s health insurance premium credit, its order regarding parenting time transportation expenses, and in failing to address extracurricular expenses. Moreover, the trial court did not appropriately figure the credit to which Father is entitled toward his child support obligation because of Social Security retirement benefits the children receive. Accordingly, the trial court’s order is affirmed in part and reversed in part and remanded for the trial court to recalculate child support and amend its order accordingly.
Next week's oral arguments before the Supreme Court (week of 7/1/13):
- No arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 6/24/13):
Tuesday, June 25th
- 1:30 PM - Billy L. Musgrave, Jr., and Kim A. Musgrave vs. Aluminum Company of America, et al ( 87A04-1205-CT-276) Bil and Kim Musgrave filed suit against The Aluminum Company of America, Inc. and a subsidiary (“Alcoa”) alleging damages from their exposure to toxic chemicals Alcoa had dumped in Warrick County. Following a three-week trial, a jury returned a general verdict in favor of Alcoa. The Musgraves appeal and assert the following: (1) that their complaint is not barred by Indiana’s two-year statute of limitations for tort actions; (2) that the trial court erroneously dismissed their claims against Alcoa arising from Bil’s alleged occupational exposure; and (3) that the trial court erroneously dismissed their claims for emotional distress under Indiana Trial Rule 12(B)(6). The Scheduled Panel Members are: Judges Najam, Bailey, and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 2:30 PM - Eugene Hill vs. State of Indiana (49A02-1210-CR-797) Eugene Hill was convicted of Class A misdemeanor invasion of privacy and was ordered to serve a one-year sentence, which was suspended to probation. Approximately two months after he was sentenced, Hill violated his probation. After Hill admitted to the violations, the Marion Superior Court revoked his probation and ordered Hill to serve 180 days in the Marion County Jail, rather than in home detention as requested by Hill. On appeal, Hill argues the trial court abused its discretion when it ordered him to serve his sentence in the Marion County Jail. The Scheduled Panel Members are: Judges Mathias, Barnes, and Crone. [Where: Trine University Angola, Indiana]
Next week's oral arguments before the Court of Appeals (week of 7/1/13):
- No arguments currently scheduled.
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 June 24, 2013 07:52 AM
Posted to Upcoming Oral Arguments