Monday, December 02, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 12/2/13):
Thursday, December 5th
- 9:00 AM - Virginia E. Alldredge v. The Good Samaritan Home (82S01-1305-CT-363) - The Vanderburgh Superior Court dismissed this wrongful death action as untimely, concluding the estate filed the complaint after the two-year limitation period expired, and although the doctrine of fraudulent concealment applied, the estate failed to file the complaint within a reasonable time after discovering the action. The Court of Appeals reversed, concluding the estate had a full two years after discovery of the concealment to file a complaint. Alldredge v. Good Samaritan Home, Inc., 982 N.E.2d 378 (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 a 1/31/13 COA opinion (4th case) that begins: "In this case, we consider an issue of first impression, namely, whether and to what extent the doctrine of fraudulent concealment tolls the two-year deadline for filing claims contained within Indiana’s Wrongful Death Act."
- 9:45 AM - David Bleeke v. State of Indiana (02S05-1305-PL-364) - Parolee David Bleeke brought an action challenging several conditions of his parole. The trial court enjoined the Parole Board from enforcing certain conditions that prevented Bleeke from associating with his own family, but in all other respects entered summary judgment for the Board. On Bleeke’s appeal, the Court of Appeals reversed and remanded, holding that the various challenged conditions are unconstitutional or otherwise infirm. Bleeke v. State, 982 N.E.2d 1040 (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 a 1/23/13 COA opinion, concluding "The trial court erred in granting summary judgment in favor of the Parole Board. Further, it erred in denying Bleeke’s motion for summary judgment."
- 10:30 AM - State of Indiana v. I.T. (20S03-1309-JV-583) - I.T. was adjudicated delinquent and placed on probation for an act that would constitute child molesting if committed by an adult. As part of his probation, I.T. was required to participate in a treatment program and submit to polygraphs. During one of these polygraphs, I.T. disclosed additional acts of molestation against other children. The State sought to file a new delinquency petition against I.T. based on these newly-disclosed acts. The juvenile court entered an order effectively barring the State from pursuing a new petition. The Court of Appeals dismissed the State’s appeal, holding sua sponte that the State lacked the statutory right to appeal. State v. I.T., 986 N.E.2d 280 (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 was a 3/20/13 opinion, concluding:
The State appeals from the juvenile court’s order rescinding its prior approval of a delinquency petition filed against I.T. Concluding sua sponte that the State is without authority to appeal a juvenile court’s order withdrawing its approval of the filing of a delinquency petition, we dismiss. * * * Because we conclude that the juvenile court’s order was not “an order granting a motion to dismiss an indictment or information” for the purposes of I.C. § 35-38-4-2(1), we conclude that the State has no statutory right to appeal in this case, regardless of the merits of the juvenile court’s ruling. We therefore dismiss the State’s appeal.
Next week's oral arguments before the Supreme Court (week of 12/9/13):
- No arguments currently scheduled.
Monday, December 2
- 11:00 AM - Brittney Watson vs. State of Indiana (71A03-1303-CR-91) On November 29, 2010, Brittney Watson was involved in an altercation in a South Bend parking lot. Watson referred to Cornelis Miller as a rapist and Miller punched Watson. Miller’s girlfriend, Ashley Shaw, struck Watson with her vehicle. Some of the individuals present heard Watson threaten to kill Miller. Thereafter, Watson called the father of her child, Steven Rice, and reported what had happened. She directed Rice, and several companions, to Miller’s home. When Miller answered his door, Rice and his brother fired multiple shots, striking Miller and killing him. The State charged Watson with Murder, alleging that she aided or abetted Rice and his brother in the killing. Watson was convicted and sentenced to fifty years imprisonment. On appeal, she claims that the evidence against her was insufficient to support her conviction. Specifically, she argues that the State was required to prove beyond a reasonable doubt that she possessed the specific intent that Miller be killed, and that the State failed to do so. The Scheduled Panel Members are: Judges Baker, Najam, and Bailey. [Where: New Palestine High School, 4485 S. Victory Drive, New Palestine, Indiana]
Next week's oral arguments before the Court of Appeals (week of 12/9/13):
- 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 December 2, 2013 08:18 AM
Posted to Upcoming Oral Arguments