Monday, July 08, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/8/13):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/15/13):
- 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 7/8/13):
Wednesday, July 10th
- 10:30 AM - Jerry Smith v. State (15A05-1208-CR-411 and 24A01-1210-CR-469) On December 21, 2010, Jerry A. Smith (“Smith”) was charged in state court in Franklin County, Indiana, with five counts of unlawful acts related to offer or sale of a security, each as a Class C felony; five counts of broker-dealer registration required, each as a Class C felony; nine counts of securities fraud, each as a Class C felony; and six counts of securities fraud, each as a Class B felony. On June 2, 2011, Smith was charged in state court in Dearborn County, Indiana with three counts of unlawful acts related to offer or sale of security, each as a Class C felony; three counts of broker-dealer registration required, each as a Class C felony; nine counts of securities fraud, each as a Class C felony; and three counts of theft, each as a Class D felony. Smith pleaded guilty on June 12, 2012, in United States District Court, Southern District of Ohio, Western Division, to one count of conspiracy to commit mail and wire fraud, one count of obstruction, and one count of tax evasion. After his guilty plea in federal court, Smith moved to dismiss the state-court charges filed against him in both Franklin County and Dearborn County. The Dearborn Superior Court denied Smith’s request outright, while the Franklin Circuit Court only partially granted Smith’s request. Smith has brought interlocutory appeals from the rulings of both trial courts, contending in each that the conduct underlying the state-court charges is the same conduct underlying the federal court charges to which he pleaded guilty and that the trial court abused its discretion by failing to dismiss all of the charges brought against him. The State cross-appeals contending that the Franklin Circuit Court erred by partially granting Smith’s motion to dismiss. The Scheduled Panel Members are: Judges Kirsch, Vaidik, and Pyle. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 7/15/13):
Tuesday, July 16th
- 10:30 AM - John S. Paniaguas, et al, v. Endor, Inc., et al (45A03-1205-PL-244) This case arises from a dispute between Appellant homeowners, who own homes in Unit 1 of a subdivision located in Crown Point, Indiana that were built by an initial developer, and subsequent Appellee homeowners, who purchased homes in the same subdivision, some of which were in Unit 1 and some of which were in Unit 2, that were built by a second developer. Appellant homeowners alleged that Appellee homeowners’ homes were in violation of the subdivision’s restrictive covenants and requested injunctive relief and damages. After a bench trial, the trial court determined that Appellee homeowners’ homes were in compliance with the restrictive covenants, and Appellant homeowners now appeal, arguing that: (1) the trial court erred in determining that they lacked standing to enforce the restrictive covenants against certain homeowners in Unit 2 of the subdivision based on the court’s finding that the restrictive covenants only applied to Unit 1 of the subdivision; (2) the trial court abused its discretion in admitting minutes of the Architectural Control Committee under the business records exception to the hearsay rule; (3) the evidence presented failed to support the trial court’s finding that all of the homes built by the second developer complied with the restrictive covenants; and (4) the trial court’s findings were deficient under Indiana Trial Rule 52. Appellee homeowners cross-appeal, contending that the trial court erred in not granting them attorney fees because Appellant homeowners’ claims were frivolous. The Scheduled Panel Members are: Judges Kirsch, Bailey, Vaidik. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
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 July 8, 2013 09:01 AM
Posted to Upcoming Oral Arguments