Monday, January 13, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/13/14):
Thursday, January 16
- 9:00 AM - Bobby Alexander v. State of Indiana (49S04-1308-CR-534) Alexander initiated this appeal challenging a conviction after the Marion Superior Court sentenced him to an executed term of 12 years, but before the trial court held a restitution hearing or entered a restitution order. The Court of Appeals granted the State’s motion to dismiss the appeal on grounds the sentencing order was not a final judgment under Indiana Appellate Rule 2(H). Alexander v. State, 987 N.E.2d 182 (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 May 10th COA opinion where the issue was "Whether this appeal should be dismissed because the [restitution] order from which Alexander is attempting to appeal is not a final judgment."
- 9:45 AM - Victor Ponce v. State of Indiana (20S04-1308-PC-533) Ponce sought post-conviction relief from his guilty plea on grounds an interpreter made translation errors during the guilty plea hearing. The Elkhart Circuit Court denied the petition, and the Court of Appeals affirmed in Ponce v. State, 984 N.E.2d 724 (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 another COA NFP opinion, issued 3/7/13, but then reclassified as FP on 5/10/13. In this case the COA affirmed a trial court ruling denying post-conviction relief.
- 10:30 AM - Bruce Ryan v. State of Indiana (49S02-1311-CR-734) Following a jury trial, Ryan was convicted in the Marion Superior Court of sexual misconduct with a minor. Concluding that certain prosecutorial misconduct was “fundamental”, the Court of Appeals reversed and remanded for a new trial. Ryan v. State, 992 N.E.2d 776 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 July 31st decision invollving charges of prosecutorial misconduct. It also footnotes an April 18th NFP COA decision involving the same issue.
Next week's oral arguments before the Supreme Court (week of 1/20/14):
- No arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 1/13/14):
Tuesday, January 14
- 11:00 AM - Country Contractors, Inc. v. A Westside Storage of Indianapolis, Inc. ( 32A01-1304-CC-155) Country Contractors and its two shareholders appeal a judgment in favor of Westside for damages stemming from Country Contractors’ breach of a contract to perform excavation services for Westside. Country Contractors contracted out a significant portion of the work to a second general contractor, which hired the subcontractors. The subcontractors were never fully paid and filed mechanic’s liens against Westside’s property. The second contractor also filed a mechanic’s lien for its unpaid balance. Country Contractors (now in bankruptcy) also filed a mechanic’s lien for the unpaid portion of the contract. Westside filed a successful contract action against Country Contractors, seeking to recover sums it paid to extinguish mechanic’s liens of the subcontractors and second contractor. Westside also sought and was awarded attorney’s fees and delay damages. Issues on appeal include: piercing the corporate veil, slander of title, attorney’s fees, and delay damages. The Scheduled Panel Members are: Judges Barnes, Crone, and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, January 22
- 1:30 PM - Clark's Sales & Services, Inc., v. John D. Smith and Ferguson Enterprises, Inc. ( 49A02-1306-PL-552) Clark’s Sales & Service, Inc. (“Clark’s”) appeals the trial court’s order denying its motion for preliminary injunction as to a restrictive covenant it sought to enforce against former Clark’s employee, John D. Smith, and his new employer, Ferguson Enterprises Inc. Smith worked for Clark’s for approximately fourteen years before leaving to work for Ferguson. During his employment with Clark’s, Smith signed an employment agreement which included a noncompetition provision. The trial court concluded that the noncompetition provision that Clark’s drafted is overly broad and unenforceable. Clark’s maintains that the noncompetition provision is reasonable and enforceable as written but, in the event we determine that it is not, Clark’s requests this Court to apply the blue pencil doctrine to make the provision reasonable and enforceable. If it is determined that the noncompetition provision in the employment agreement is (or can be made) reasonable and enforceable, Smith and Ferguson assert that Clark’s request for an injunction must still fail because Clark’s previously committed a material breach of the employment contract it now seeks to enforce. Clark’s responds that a “survival of obligations” provision in the contract precludes Smith from raising the material breach defense. The Scheduled Panel Members are: Judges Barnes, Crone, and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
Thursday, January 23
- ILB Note: The official calendar states Clark's is a "multi-day event", but I found nothing like that in the docket.
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 January 13, 2014 08:19 AM
Posted to Upcoming Oral Arguments