Monday, October 06, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/6/14):
- No arguments currently scheduled.
Thursday, Oct. 16
- 9:00 AM - Cornelius Hines v. State of Indiana (52S05-1408-CR-563)
Hines struck a correctional officer in the ribs, and he restrained the officer by pinning her against a wall. He was convicted of criminal confinement and battery after a jury trial in the Miami Superior Court. On appeal he argued, among other things, that the “continuous crime doctrine” prohibited the multiple convictions because the actions were so compressed in time, purpose and continuity that they constituted a single transaction. The Court of Appeals rejected all the arguments and affirmed the convictions in Hines v. State, No. 52A05-1312-CR-594 (Ind. Ct. App. Jun. 17, 2014) (Mem. Dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: NOTE: The above description (which the ILB has stricken), provided on the Court's calendar, is incorrect. Case Number 52S05-1408-CR-00563 is a direct appeal. See the docket.
- 9:45 AM - Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, et al. (49S05-1407-PL-491) After a fire destroyed the contents of its office, Indiana Restorative Dentistry filed a complaint in the Marion Superior Court alleging its office was underinsured due to Laven Insurance Agency's failure to provide advice and secure additional coverage. The trial court denied the motions for summary judgment filed by Indiana Restorative Dentistry and Laven Insurance Agency and granted the motion for summary judgment filed by ProAssurance Indemnity Company. The Court of Appeals reversed and remanded, holding Laven Insurance Agency had a special duty to advise on coverage and an implied contractual duty to procure coverage. The Court of Appeals also held that genuine issues of material fact preclude summary judgment for ProAssurance. Indiana Restorative Dentistry, P.C. v. Laven Ins. Agency, Inc., 999 N.E.2d 922 (Ind. Ct. App. 2013), vacated. The Supreme Court has denied ProAssurance's petition to transfer, granted Laven Insurance Agency's petition to transfer, and assumed jurisdiction over the appeal.
ILB: Transfer was granted to appellee Laven Ins., and denied to appellee ProAssurance. The COA reversed the trial court, here is the Dec. 17, 2013 ILB summary.
- 10:30 AM - John Study v. State of Indiana (06S04-1407-CR-461) Study was convicted in the Boone Superior Court of four counts of robbery and other offenses. Among other things, Study asserted on appeal that one of the charges was filed too late and should have been dismissed. Indiana Code section 35-41-4-2(h)(2) says the limitation period does not include any period in which the accused “conceals evidence of the offense.” A majority of the Court of Appeals rejected this argument in Study v. State, No. 06A04-1308-CR-391 (Ind. Ct. App. 2014) (NFP memo. dec.), 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, April 10, 2014 NFP opinion, involving, inter alia, whether the applicable statute of limitations had been tolled in a robbery case.
This week's oral arguments before the Court of Appeals (week of 10/6/14):
Tuesday, October 7
- 1:00 PM - Wilson v. State (49A02-1401-PC-49) Following a jury trial, Michael Wilson was convicted of murder for the 2007 death of Nupur Srivastava and sentenced to 60 years. Wilson subsequently filed a petition for post-conviction relief alleging his trial counsel’s assistance was ineffective in several respects. The post-conviction court denied Wilson’s petition for relief. Wilson now appeals, contending his trial counsel’s errors, both individually and cumulatively, constituted deficient performance that prejudiced him. The Scheduled Panel Members are: Judges Baker, Kirsch and Robb. [Where:Frankfort High School, Frankfort, IN]
Next week's oral arguments before the Court of Appeals (week of 10/13/14):
Tuesday, Oct. 14
- 10:00 AM - Walgreen Co. v. Hinchy (Case# not provided) In this case, Walgreen Co. is appealing the denial of summary judgment and directed verdict as well as a jury verdict and damages award of $1.8 million. The underlying complaint relates to a Walgreen pharmacist who accessed Hinchy's prescription profile for personal reasons, and the complaint includes counts for invasion of privacy, negligence, and respondeat superior.
The Scheduled Panel Members are: Judges Baker, Kirsh and Robb
[Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Clifton v. McCammack (49A02-1404-CT-276) On Aug. 3, 2012, Darryl Clifton was killed in an accident when a vehicle driven by Ruby McCammack pulled out from a shopping center parking lot in Indianapolis and drove into his path. Clifton was on a motor scooter and died at the scene. McCammack admitted fault. Clifton's father, Ray, arrived at the scene shortly after the accident occurred and observed his son's scooter and a body lying in the road next to McCammack's vehicle, covered by a sheet but with shoes visible, which Ray recognized as his son's shoes. Ray claimed he suffered extreme emotional distress and filed a complaint against McCammack for negligent infliction of emotional distress. The trial court granted summary judgment for McCammack and Ray now appeals. The Scheduled Panel Members are: Judges Bailey, May and Brown [Where: Pike Central High School, Petersburg, 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 October 6, 2014 08:44 AM
Posted to Upcoming Oral Arguments