Monday, March 10, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/10/14):
Thursday, March 13
- 9:00 AM - Mayor Gregory Ballard v. Maggie Lewis, et al. (49S00-1311-PL-716) The Marion Superior Court granted partial summary judgment to Lewis and others, finding that the City-County Council’s redistricting ordinance signed by the Mayor on January 1, 2012, does not comply with the statutory time requirement for redistricting in the second year following the federal census. The court later issued a final judgment dividing the County into 25 Council districts. The Mayor appealed, and the Supreme Court granted a motion to transfer jurisdiction over this appeal to this Court.
ILB: This is the Marion County redistricting case. See this Jan. 27th ILB post for links to most of the documents, and the maps.
- 9:45 AM - Michael E. Lyons, et al. v. Richmond Community School Corp., et al. (89S04-1312-PL-788) After their daughter choked during lunch in the school cafeteria and died, the Lyons's filed a complaint against the Richmond Community School Corporation and alleged tort and civil rights claims. The Wayne Superior Court granted the School summary judgment. The Court of Appeals affirmed in part and reversed in part. Lyons v .Richmond Cmty. Sch. Corp., 990 N.E.2d 470 (Ind. Ct. App. 2013), reh'g granted. The Supreme Court has denied the School's petition to transfer, granted the Lyons's petition to transfer, and assumed jurisdiction over the appeal.
- 10:30 AM - Paternity of I.B., K.H. v. L.B. (34A02-1305-JP-401) When a child, by next friend, petitioned to establish paternity, the Howard Circuit Court held a hearing, found that the evidence overcame the statutory presumption that the mother’s former husband was the child’s father, and ruled that another man, K.H., is the child’s father. The Court of Appeals affirmed and rejected K.H.’s argument that the evidence was insufficient because there was no DNA evidence. In re Paternity of I.B.; K.H. v. I.B., b/n/f L.B., No. 34A02-1305-JP-401 (Ind. Ct. App. Oct. 7, 2013) (NFP mem. dec.). K.H. has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: Here is the Oct. 7, 2013 NFP COA opinion.
Thursday, March 20
- 9:00 AM - Randy Knapp v. State of Indiana (28S00-1305-LW-327) Knapp was convicted of murder following a jury trial, and was sentenced by the Greene Circuit Court to life without the possibility of parole. In this direct appeal from the conviction and sentence, Knapp raises issues about the admission of evidence, certain instructions, and the sentence.
- 9:45 AM - Detona Sargent v. State of Indiana (49S02-1312-MI-790) When the State petitioned for forfeiture of Sargent’s car after her conviction for theft, the Marion Superior Court granted the State summary judgment. The Court of Appeals affirmed, holding that a sufficient nexus exists between the theft and the car and that neither an exemption statute, Indiana Code Section 34-55-10-2, nor Article 1, Section 22 of the Indiana Constitution prohibits the forfeiture. Sargent v. State, 985 N.E.2d 1108 (Ind. Ct. App. 2013), reh’g denied, vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: In an April 8th, 2013 opinion, the question involved the forfeiture of Sargent’s vehicle pursuant to Indiana Code Section 34-24-1-1(a)(1)(B). The ruling:
In sum, we hold that the State demonstrated a sufficient nexus between the underlying crime and the seized property. We also hold that neither Indiana’s statutory bankruptcy exemptions nor Article I, Section 22 of the Indiana Constitution required the trial court to exempt Sargent’s vehicle from forfeiture. Accordingly, we affirm the court’s forfeiture order.
- 10:30 AM - Matter of C.A.H. (49S02-1401-AD-30) The Marion Superior Court granted a stepmother's petition to adopt a child after service on the biological mother was made by publication. The Court of Appeals affirmed, holding that the stepmother had made a diligent search for the biological mother. Matter of C.A.H., 49A02-1302-AD-129 (Ind. Ct. App. July 23, 2013) (NFP mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a July 23, 2013 NFP COA opinion where the issue was "whether the trial court erred when it denied her motion because she contends that the adoption decree, which was entered without notice to her, was void for lack of personal jurisdiction and violated her due process rights." The COA affirmed.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 3/10/14):
Wednesday, March 12
- 10:00 AM - West Bend Mutual Insurance Co., and K.B. Electric, LL v. MacDougall Pierce Construction, et al (06A01-1304-CT-162) After he was injured at the site of a construction project, James Wethington, an employee of K.B. Electric, LLC, filed a lawsuit against various defendants seeking compensation for his injuries. West Bend Mutual Insurance Company and K.B. Electric, LLC appeal from the trial court’s order, which disposed of motions for summary judgment, and in which the trial court entered a declaratory judgment in favor of Amerisure Insurance Company and against West Bend Mutual Insurance Company regarding indemnification clauses and coverage under the available policies of insurance. The Scheduled Panel Members are: Judges Friedlander, Kirsch, and Bailey [Where: Court of Appeals Court Courtroom (WEBCAST)]
Monday, March 17
- 1:30 PM - Sheaff Brock Investment Advisors LLC v. David Morton (case no: none provided) Sheaff Brock appeals the trial court's entry of partial summary judgment in favor of David Morton on Morton's complaint alleging breach of contract, unpaid wages, and constructive fraud. In particular, Sheaff Brock contends that the trial court erred when it concluded that Sheaff Brock breached its contract with Morton when it changed his additional compensation structure and that Sheaff Brock violated the Wage Claims Act. Morton cross-appeals and contends that the trial court erred when it denied his motion for summary judgment on the issue of Sheaff Brock's alleged constructive fraud. Finally, Morton seeks appellate attorney's fees. The Scheduled Panel Members are: Judges Baker, Najam, and Crone. [Where: Court of Appeals 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 March 10, 2014 09:22 AM
Posted to Upcoming Oral Arguments