Monday, October 28, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/28/13):
Thursday, October 31st
- 9:00 AM - Christopher Smith v. State of Indiana (18S02-1304-CR-297) - A student at Muncie Central High School told school officials that she had been raped at the school by a fellow student. Smith, the school principal, was charged with failing to immediately report “that a child may be a victim of child abuse or neglect.” See Ind. Code § 31-33-5-4. Following a bench trial in the Delaware Circuit Court, Smith was found guilty of a Class B misdemeanor. A divided Court of Appeals panel reversed in Smith v. State, 982 N.E.2d 348 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Here is the ILB summary of the January 30th 2-1 ruling (3rd case). The question in the case was whether ex-Central principal Chris Smith failed to immediately report child abuse or neglect. Here is the post linking to Attorney General's petition to transfer.
- 9:45 AM - Derek Asklar, et al. v. David Gilb, et al. (02S03-1305-CT-332) - At issue in this appeal is the amount of underinsured motorist coverage available to the plaintiff, Derek Asklar, under an insurance contract between Empire Fire and Marine Insurance and the company that was leasing Asklar’s services. The trial court awarded partial summary judgment to Empire, concluding the coverage limit was $75,000. The Court of Appeals affirmed in part and reversed in part, holding among other things that the named insured’s rejection of full underinsured motorist coverage complied with Indiana law. Asklar v. Gilb, 979 N.E.2d 664 (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 an 11/15/12 COA opinion where the court wrote:
Derek and Pauline Asklar (“the Asklars”) appeal the trial court’s decision to grant summary judgment in favor of Empire Fire and Marine Insurance Company (“Empire”). The Asklars contend that the trial court erred in holding that as a matter of law, Georgia law governs this dispute and that Empire’s uninsured/underinsured motorist coverage limit was only $75,000. Finding that Indiana law should apply in this case, but that Empire’s uninsured/underinsured motorist coverage limit is still only $75,000, we affirm in part and reverse in part.
- 10:30 AM - Matter of S.D. (49S05-1309-JC-585) - The Marion Superior Court determined a child with potentially life-threatening medical needs to be a child in need of services. The Court of Appeals affirmed, citing evidence of the mother's inability to meet the child's medical needs. Matter of S.D. (Ind. Ct. App. May 29, 2013) (NFP mem. dec.). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 5/29/13 NFP opinion.
Thursday, November 7th
- 9:00 AM - Aaron L. Anderson, III v. State of Indiana (29A02-1208-CR-694) - When a police officer initiated a traffic stop, Anderson opened the door and ran. He was found hiding in a backyard shed. A woman standing on her back deck, had seen Anderson run by and heard a “thump, thump, thump.” Anderson told police he had thrown out a bag of marijuana; jail officials found marijuana on him when he was searched at the jail. Approximately an hour later, the woman saw a firearm in a pile of snow on her deck. Following a jury trial, Anderson was convicted of unlawful possession of a firearm by a serious violent felon, a Class B felony, and other offenses. The Court of Appeals affirmed in Anderson v. State, No. 29A02-1208-CR-694 (Ind. Ct. App. Apr. 4, 2013) (NFP mem. dec.), trans. pending. Anderson has petitioned the Supreme Court to accept jurisdiction over the appeal on grounds the evidence is insufficient to sustain the conviction.
ILB: This is an April 4, 2013 NFP COA opinion.
- 9:45 AM - State of Indiana v. William Coats (49S02-1305-CR-328) - The Marion Superior Court found Coats incompetent to stand trial, and given his progressive dementia, determined that he would not “return to competency.” The trial court denied the State’s request that Coats be committed to the Indiana Division of Mental Health and Addiction pursuant to Indiana Code Section 35-36-3-1. A divided Court of Appeals panel affirmed in an interlocutory appeal. State v. Coats, 981 N.E.2d 1273 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is is a 2/7/13, 2-1 COA opinion where the COA concluded: "The trial court properly denied the State’s motion to commit Coats to the DMHA. We affirm."
This week's oral arguments before the Court of Appeals (week of 10/28/13):
- No arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 11/4/13):
Monday, November 4th
- 1:15 PM - Eric Rasnick v. State of Indiana (39A01-1211-CR-526) Eric Rasnick and Tamara Campbell burglarized a dorm room occupied by Hanover College students Sarah Lathrop and Christiana Haynes. Both girls observed Rasnick and Campbell in the dormitory lobby moments before they returned to their room and realized certain items had been stolen. They ran out of the dormitory and chased after the car containing Rasnick and Campbell just as it sped away. They then called the police and Rasnick and Campbell were apprehended shortly thereafter. Lathrop and Haynes identified both Rasnick and Campbell in a “show-up” identification procedure. Rasnick was charged with class B felony burglary and Class D felony theft. He filed a motion to suppress the “show-up” identification by Lathrop and Haynes, claiming that it was impermissibly suggestive. He also sought to suppress the evidence seized from the car pursuant to the identification and any evidence that revealed that he was on a Scott County Community Corrections GPS monitoring system at the time of the burglary. The trial court denied his motions and he was found guilty of Class B felony burglary and Class D felony theft. He was ordered to serve an aggregate sentence of thirty-six years. On appeal, Rasnick claims that the trial court erred in denying his motions to suppress because the “show-up” identification was unduly suggestive and, therefore, any evidence obtained pursuant to the identification, as well as the identification itself, must be suppressed. He further argues that the evidence that he was being monitored via GPS tracking was unfairly prejudicial. He also argues that the State presented insufficient evidence to support his convictions and that his sentence is inappropriate in light of the nature of his offense and his character. The Scheduled Panel Members are: Judges Najam, Kirsch, and, Mathias. [Where: Cathedral High School, 5225 E. 56th Street, Indianapolis, Indiana]
Wednesday, November 6th
- 10:00 AM - Indiana Restorative Dentistry v. The Laven Insurance Agency, et al ( 49A05-1212-PL-627) Appellant-Plaintiff, Indiana Restorative Dentistry, P.C., appeals the trial court’s denial of its motion to correct error following the trial court’s summary judgment in favor of Appellee-Defendant, ProAssurance Indemnity Co., Inc. f/k/a The Medical Assurance Co., Inc. On October 25, 2009, a fire destroyed the Carmel offices of Indiana Restorative Dentistry, Inc. The office contents were covered under an insurance policy issued by ProAssurance, and obtained through Appellee-Defendant, The Laven Insurance Agency, Inc. The Indiana Restorative Dentistry, P.C.. brought this claim to recover uninsured losses resulting from the fire. Granting summary judgment for ProAssurance, the trial court found that (1) Laven was not under a special duty to advise Indiana Restorative Dentistry about its insurance coverage despite their long-term relationship; (2) there is no factual basis that would support a finding that Laven was under a contractual duty to provide insurance fully covering Indiana Restorative Dentistry’s loss; and (3) ProAssurance cannot he held vicariously liable for Laven’s actions. The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and Kirsch. [Where: Supreme Court 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 October 28, 2013 09:27 AM
Posted to Upcoming Oral Arguments