Tuesday, May 27, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/26/14):
Thursday, May 29
- 9:00 AM - State of Indiana v. Molly Gray (62S01-1402-CR-76) A police officer initiated a traffic stop of Gray, during which the officer conducted a “canine sniff” around Gray’s vehicle. Methamphetamine was found in the vehicle and Gray was charged with a class D felony. The trial court granted Gray’s motion to suppress the drugs and the Court of Appeals affirmed in State v. Gray, 997 N.E.2d 1147 (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 Nov. 13, 2013 opinion where the COA concluded:
Without addressing the validity of the initial stop, we conclude that the free-air canine sniff was not conducted incidental to the traffic stop and so required reasonable suspicion to justify increasing the duration of the stop. Finding that Officer Jackson lacked reasonable suspicion, we hold that the seizure was a violation of the Fourth Amendment and that the trial court did not err in suppressing the evidence. We affirm.
- 9:45 AM - Old National Bankcorp v. Hanover College (68S05-1404-TR-296) Old National was the trustee of two trusts benefitting Hanover College. On Hanover's motions, the Randolph Circuit Court terminated both trusts and ordered Old National to transfer the trusts' assets to Hanover. Old National appealed, but the Court of Appeals dismissed the appeal, concluding Old National lacked standing in both its representative and personal capacities to appeal the orders. Old Nat'l Bancorp v. Hanover Coll., 999 N.E.2d 463 (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 Dec. 5, 2013 COA opinion concluding:
Old National, as Trustee, brought separate appeals from the trial court’s orders terminating both trusts. The two appeals were consolidated into one, and Hanover College filed a motion to dismiss the appeal alleging that Old National lacked standing. As this issue is dispositive, we need not and cannot consider the appeal on its merits, and, therefore, we dismiss.
- 10:30 AM - Kevin Charles Isom v. State of Indiana (45S00-0803-DP-125) In 2007, the State charged Isom with the murders of his wife and two step-children, and requested the death sentence. The jury convicted Isom of the murders, and unanimously recommended a death sentence. The Lake Superior Court sentenced Isom accordingly. In this direct appeal, Isom argues various errors occurred during trial and at sentencing.
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/26/14):
- No oral arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 6/2/14):
Wednesday, June 4
- 2:00 PM - Sapp v. Flagstar Bank (49A02-1311-PL-935) This case comes before us following remand to the trial court where we held in our original opinion that appellee-plaintiff Flagstar Bank’s (FSB) motion for summary judgment on a breach of contract claim was improperly granted with regard to a $125,000 check that had been lost. Sapp v. Flagstar Bank, FSB, 956 N.E.2d 660 (Ind. Ct. App. 2011). Following a bench trial, the appellant-defendant James Sapp now appeals the trial court’s judgment, alleging that FSB’s action in “charging back” his account as to the amount of the check was error under the Uniform Commercial Code and the Deposit Account Disclosure Agreement. In the alternative, Sapp asserts that the trial court improperly found that he suffered no loss when FSB delayed in notifying him of the lost check. Thus, Sapp argues that he is entitled to a setoff of the judgment in the amount of the charge back to his account in light of FSB’s negligence in losing the check. Sapp also contends that the trial court erred in deciding that he is personally liable for shortages in the account because the evidence established that he was only acting in a representative capacity as a shareholder in a corporation. Finally, Sapp challenges the trial court’s decision to award FSB its attorney fees and costs. The Scheduled Panel Members are: Judges Baker, Barnes and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:45 PM - Wright v. State (45A05-1310-CR-526) Scott Wright was being tried before a jury for child molesting. Eleven jurors voted to find Wright guilty; the twelfth voted not guilty and would not change his mind. The judge later received a note indicating the juror “will not talk and seems to be falling asleep at times.” The State told the judge it believed that juror was one who was falling asleep during closing arguments. It asked the judge to remove the juror and replace him with an alternate. After hearing testimony by the other jurors, the judge granted the State’s motion. It found the juror was “refus[ing] to participate in the cooperative effort of deliberation.” Wright was then found guilty. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Baker and May [Where: French Lick Springs Hotel, 8670 W. State Road 56, French Lick, IN ]
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 May 27, 2014 08:00 AM
Posted to Upcoming Oral Arguments