Monday, September 08, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/8/14):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 9/15/14):
Thursday, Sept. 18
- 9:00 AM - Jason Young v. Hood's Gardens, Inc. (29S02-1405-PL-314) After Young was injured while removing a tree stump from its property, Hood’s Gardens sued, seeking a declaration that it cannot be held liable to pay Young worker’s compensation benefits under IC 22-3-2-14(b), which imposes secondary liability in some situations where there is a contract for the performance of work exceeding $1,000 in value. The Hamilton Superior Court granted summary judgment to Hood’s Gardens after concluding that the evidence shows as a matter of law that the statutory minimum amount of value was not triggered and so Hood’s Gardens may not be held liable. A divided Court of Appeals panel affirmed. Young v. Hood’s Gardens, Inc., 2 N.E.3d 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 was a 2-1, Dec. 17, 2013 COA opinion (3rd case), where the dissent begins: "This case illustrates once again the marked difference in summary judgment procedure in Indiana as compared to federal practice."
- 9:45 AM - Rodregus Morgan v. State of Indiana (49S02-1405-CR-325) Following a bench trial in the Marion Superior Court, Morgan was convicted of public intoxication and disorderly conduct. IC 7.1-5-1-3(a)(4) specifies that it is a Class B misdemeanor for a person to be in a public place in a state of intoxication if the person “harasses, annoys, or alarms another person.” The Court of Appeals held that the term “annoying” was void for vagueness. Morgan v. State, 4 N.E.3d 751 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Feb. 13, 2014 COA opinion (3rd case) concluding: "Based on the foregoing, we conclude that Section (a)(4) of the public intoxication statute is unconstitutionally vague and cannot be the basis of Morgan’s conviction. We also conclude that there is sufficient evidence to uphold Morgan’s conviction for disorderly conduct."
- 10:30 AM - Adoption of J.D.; IDCS v. N.E. (45S03-1406-AD-387) During the pendency of CHINS and termination of parental rights proceedings in the Juvenile Division of the Lake Superior Court, N.E., a maternal relative and the children’s former foster parent, petitioned in the Civil Division to adopt the two children. The Civil Division denied a motion filed by the Department of Child Services seeking to transfer the adoption proceedings to the Juvenile Division. The Court of Appeals affirmed on interlocutory appeal. Matter of Adoption of J.T.D., 5 N.E.3d 786 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Note: This oral argument will take place in the Statehouse Rotunda.]
ILB: This was March 12, 2014 COA opinion holding:
Our General Assembly has statutorily conferred jurisdiction of adoption proceedings exclusively to probate courts. In Lake County, the Civil Division has probate jurisdiction, and therefore, exclusive subject matter jurisdiction over adoption proceedings. DCS may not rely on local court rule, i.e. the Caseload Allocation Plan, to circumvent the Lake County Civil Division’s exclusive subject matter jurisdiction over adoption proceedings.As reported in this April 10th post, "The Indiana Department of Child Services recently expressed concern these hundreds of adoptions are 'at risk,' according to a court of appeals document."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/8/14):
Friday, September 12
- 1:00 PM - Smith v. State (49A02-1312-CR-1015) Smith appeals her conviction of Class D felony resisting law enforcement. She argues the State did not prove she took action against the officer arresting her as to inflict bodily injury because the officer’s injuries occurred when he struck the pavement with his hand while subduing Smith in his efforts to arrest her. The Scheduled Panel Members are: Judges Baker, May and Brown. [Where:Linton-Stockton High School, Linton]
Next week's oral arguments before the Court of Appeals (week of 9/15/14):
Tuesday, Sept. 16
- 1:00 PM - Burton v. State (49A02-1401-CR-10) Appellant-Defendant Dominique Burton appeals following his conviction for possession of cocaine. Burton contends that the evidence presented during trial is insufficient to sustain his conviction. Specifically, Burton claims that Appellee-Plaintiff the State of Indiana (the "State") failed to prove beyond a reasonable doubt that he constructively possessed or had knowledge of the presence of the cocaine in his vehicle. For its part, the State contends that the evidence presented at trial is sufficient to sustain Burton's conviction. The Scheduled Panel Members are: Judges Friedlander, Bailey and Bradford [Where:Western High School, Russiaville, IN]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast. [Note: This may be changing...]
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 September 8, 2014 08:30 AM
Posted to Upcoming Oral Arguments