Monday, February 24, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/24/14):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 3/3/14):
Thursday, March 6
- 9:00 AM - Seth Miller v. State of Indiana (63A01-1210-CR-475) Following a jury trial in Pike Circuit Court, Miller was convicted of Corrupt Business Influence, IC 35-45-6-2, and other offenses. The Court of Appeals reversed this conviction on grounds there was insufficient evidence to establish the element of an “enterprise” within the meaning of the statute. Miller v. State, 992 N.E.2d 791 (Ind. Ct. App. 2013), trans. pending. The State has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a July 31, 2013 COA opinion (see ILB here, 4th case).
- 9:45 AM - Shannon Robinson, et al. v. Erie Insurance Exchange (49S02-1311-PL-733) The Robinsons filed a complaint seeking uninsured coverage after their car was damaged in an accident caused by a Jeep that fled the scene. Erie Insurance Exchange defended on grounds its policy's definition of "uninsured motor vehicle" provides for coverage only where a hit and run vehicle causes bodily injury. The Marion Superior Court entered summary judgment for Erie Insurance. The Court of Appeals reversed. Robinson v. Erie Ins. Exch. , 991 N.E.2d 961 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted transfer and has assumed jurisdiction over this appeal.
ILB: This is a June 28, 2013 COA opinion (see ILB here, 2nd case).
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 2/24/14):
Tuesday, February 25
- 11:00 AM - Nathan Wertz v. Asset Acceptance, LLC (71A03-1305-CC-175) Nathan Wertz appeals the trial court’s judgment dismissing his counterclaim against Asset Acceptance, LLC, pursuant to Indiana Trial Rule 12(B)(6) for failing to state a claim upon which relief can be granted. In his counterclaim, Wertz alleged that Asset, a Delaware limited liability company with its principal place of business in Michigan, had attempted to collect a debt from Wertz, which it had purchased from the original lending institution, in Indiana without first having obtained a license from the Department of Financial Institutions pursuant to Indiana’s Uniform Consumer Credit Code. The parties also dispute whether Asset was required to obtain a license under the Indiana Collection Agency Act, whether Wertz’s counterclaim sufficiently pleaded a claim under the Indiana Deceptive Consumer Sales Act, and whether Wertz’s counterclaim entitled him to relief under the federal Fair Debt Collection Practices Act. The Scheduled Panel Members are: Judges Baker, Najam, and Crone. [Where: Court of Appeals Court Courtroom (WEBCAST)]
- 3:00 PM - In Re: The Matter of the Supervised Estate of Mildred Borgwald, Deceased vs. Old National Bank and Raelynn Pound ( 84A01-1302-ES-80) This appeal involves the review of an order and judgment of foreclosure of an equity line of credit and mortgage against the Supervised Estate of Mildred Borgwald. The Appellant, the Supervised Estate of Mildred Borgwald (Estate), presents this court with several evidentiary issues pertaining to the competency of ninety-five year old Mildred Borgwald to execute an equity line of credit. Specifically, the Estate asserts the following errors:
- Whether the trial court abused its discretion when it excluded the testimony of the Estate’s proffered expert witness, a gyneacologist who had never treated Mildred;
- Whether the trial court abused its discretion when it admitted redacted certified copies of medical records containing the observations of nurses and physicians regarding Mildred’s mental and physical status;
- Whether the trial court improperly denied the Estate an opportunity to make an offer of proof; and
- Whether Old National’s Mortgage was invalidated by failure of the closing agent to read the loan documents to Mildred in violation of Indiana Code section 33-42-2-2(4).
The Scheduled Panel Members are: Judges Riley, May, and Robb. [Where: Wabash College, 301 W. Wabash Avenue, Crawfordsville, Indiana]
Friday, February 28
- 12:00 PM - Geoffrey A. Gilbert v. Melinda J. Gilbert (57A03-1308-DR-312) This appeal involves the review of an Order denying the modification of a child custody order and granting Mother, the Appellee, permission to relocate from Albion to Goshen, Indiana. Father, the Appellant, presents this court with issues concerning the evidence required under Indiana Code section 31-17-2.2-5(c)-(d) in order for one parent to move the children away from the other parent. Specifically, Father asserts that the trial court abused its discretion by: determining that a larger home and a better school district constitute a legitimate purpose for Mother’s relocation; and determining that the relocation would be in the children’s best interests. On cross-appeal, Mother asserts that she is entitled to appellate attorney’s fees because Father’s appeal is frivolous and in bad faith. The Scheduled Panel Members are: Judges Riley, Robb, and Barnes. [Where: Culver Cove Resort and Conference Center, 319 East Jefferson, Culver Cove, Indiana ]
Tuesday, March 4
- 1:00 PM - Dustin Lee Jarrell v. Billie Jo Jarrell (42A01-1308-DR-381) This appeal involves the review of an Order modifying a child custody order in favor of Mother, the Appellee, following her relocation from Vincennes, Indiana to Carterville, Illinois. Father, the Appellant, presents this court with issues concerning the obligations of a non-relocating parent to timely object to a relocation where the relocating parent has failed to provide notice pursuant to Indiana Code section 31-17-2.2-1(a) and Indiana Code section 31-17-2.2-3, as well as issues regarding the factors a trial court must consider in determining whether to modify a custody order. Specifically, Father asserts that the trial court erred by: considering only the best interests of the child rather than the factors specifically enumerated for relocation cases under Indiana Code section 31-17-2.2-1(b); failing to find there had been a substantial change to at least one of the factors used in ascertaining the child’s best interests during the initial custody determination pursuant to Indiana Code section 31-17-2-21; and concluding that it was in the child’s best interests to award physical custody to Mother. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Riley and May. [Where: Court of Appeals Courtroom (WEBCAST)]
- 10:20 AM - J.K. v. State of Indiana (66A03-1306-JS-220) J.K was adjudicated delinquent for acts of illegal possession and illegal consumption of an alcoholic beverage and aiding illegal consumption of an alcoholic beverage. J.K. argues the juvenile court admitted evidence obtained in violation of his rights under the Fourth Amendment to the United States Constitution. Police received a complaint regarding juveniles making noise in the neighborhood and arrived at J.K.’s residence at approximately 1 a.m. Two officers went around each side of the residence while a third officer remained at the front, knocking on the door. Believing that underage drinking was taking place inside, the officers remained at the residence for over an hour until two juveniles, including J.K., eventually opened the front door. An officer spoke with J.K.’s mother via telephone, and the officers entered the residence without a warrant.. J.K. argues any consent to enter was tainted by an unconstitutionally lengthy “knock-and-talk.” The State contends exigent circumstances allowed for the warrantless entry, regardless of consent. The Scheduled Panel Members are: Judges Robb, Crone, and Sr. Judge Shepard. [Where: Walden Inn and Conference Center, DePauw University, Greencastle, Indiana]
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 February 24, 2014 09:06 AM
Posted to Upcoming Oral Arguments