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Monday, December 15, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 12/15/14):
Thursday, Dec. 18
- 9:00 AM - Board of Commissioners of Jefferson County v. Teton Corp., et al. (72S04-1410-CT-642) After a fire occurred during renovation work and damaged the courthouse, Jefferson County filed a complaint against the general contractor and subcontractors. The Scott Circuit Court entered summary judgment for the contractors. A majority of the Court of Appeals affirmed, disagreeing with Midwestern Indemnity Co. v. Systems Builders, Inc., 801 N.E.2d 661 (Ind. Ct. App. 2004), and holding that, under the construction contract, Jefferson County agreed to waive subrogation for all claims covered by its insurance policy, not merely claims for losses to "Work" property. Bd. of Comm'rs of the County of Jefferson v. Teton Corp., 3 N.E.3d 556 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted a petition to transfer and assumed jurisdiction over the appeal.
ILB: This was a This was a 2-1 Feb. 4, 2014 COA opinion about whether Jefferson County's property insurance policy covered some of the costs of rebuilding the courthouse after a fire.
- 9:45 AM - Robert L. Dixon v. State of Indiana (84S01-1410-CR-683) A Terre Haute police officer observed Dixon’s car make a turn without signaling, and the officer made a traffic stop. By the time the officer had exited the police car, Dixon had exited his own. The officer ordered Dixon to return to his car, and after examining Dixon’s driver license, recognized Dixon as the person who, the officer had been previously told, had been selling narcotics in the area. A subsequent pat-down search revealed Dixon possessed cocaine. The Vigo Superior Court denied Dixon’s motion to suppress the cocaine. A divided Court of Appeals reversed in Dixon v. State, 14 N.E.3d 59 (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 2-1 COA opinion from July 22, 2014, where the issue was: Whether Dixon’s patdown search following a traffic infraction violated his rights under the Fourth Amendment of the United States Constitution.
- 10:30 AM - Craig Sampson v. State of Indiana (87A01-1312-CR-534) At Sampson’s trial on a charge of child molesting, the Warrick Superior Court allowed testimony about whether the victim showed evidence of coaching and about the Child Sexual Abuse Accommodation Syndrome. The Court of Appeals affirmed in Sampson v. State, No. 87A01-1312-CR-534 (Ind. Ct. App. Aug. 19, 2014) (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 an Aug. 18th NFP opinion, involving a child witness and the potential of witness coaching.
Next week's oral arguments before the Supreme Court (week of 12/22/14):
- No oral arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 12/15/14):
Monday, December 15
- 1:30 PM - J.P., et al v. Mid-American Sound, et al (49A04-1405-CT-207) Jordyn Polet sued the State for damages after she was injured in a stage collapse at the Indiana State Fair. The State argued it was immune from liability because the Indiana Tort Claims Act limits the State's liability to $5 million and that amount had already been paid to others. Polet, in a motion for summary judgment, challenged that immunity and the constitutionality of the liability cap. Her motion was denied and she appeals. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Friedlander and May. [Where: Supreme Court Courtroom (WEBCAST)]
Tuesday, December 16
- 11:00 AM - Hunckler v. Air Sorce-1 Inc. (69A01-1405-CR-186) In this case, Nick Hunckler appeals the grant of summary judgment in favor of Timothy Miller and Air Sorce-1. Miller, as an employee of Air-Sorce 1, installed a new furnace in the home of Hunckler's acquaintance. Hunckler helped Miller slide the furnace down the basement stairs and sustained serious injuries to his hands in the process. Hunckler brought a personal injury action that the trial court dismissed on summary judgment. The trial court found that the defendants were entitled to judgment as a matter of law because Hunckler was a volunteer and the defendants did not breach the duty of care owed to a volunteer. The Scheduled Panel Members are: Judges Baker, Kirsch and Robb. [Where: Court of Appeals Courtroom (WEBCAST)]
- No oral arguments currently scheduled.
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 December 15, 2014 08:29 AM
Posted to Upcoming Oral Arguments