Monday, March 03, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This 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).
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.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 3/3/14):
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]
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)]
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 3, 2014 08:42 AM
Posted to Upcoming Oral Arguments