Monday, February 02, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/2/15):
Thursday, Feb. 5
- 9:00 AM - Robert Lewis, III v. State of Indiana (45S00-1312-LW-512) In the Lake Superior Court, Lewis was found guilty of murder. After the jury was unable to reach a sentencing recommendation, the judge sentenced Lewis to life imprisonment without parole. In this direct appeal, Lewis raises several challenges to his conviction and sentence.
- 9:45 AM - Selective Insurance Company of South Carolina and 500 Rangeline Road, LLC v. Erie Insurance Exchange (73S01-1412-PL-750) Pipes burst at a warehouse and damaged property the warehouse's tenant had stored for its customer. The tenant's insurance company paid the customer and then filed a complaint to recover this amount from the warehouse's landlord and its insurance company. The Shelby Superior Court entered summary judgment for the tenant's insurer. The Court of Appeals reversed and remanded, holding the warehouse's landlord was an "additional insured" under the tenant's policy and the policy's exclusion for damage to property within the insured's "care, custody, or control" did not apply. Selective Ins. Co. v. Erie Ins. Exch., 14 N.E.3d 105 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.
ILB: This was a July 1 ruling in a coverage dispute; see ILB summary here (2nd case).
- 10:30 AM - Rebecca Stafford, Individually and as Surviving Parent of Drayden Powell, Deceased v. James E. Szymanowski, M.D. and Gyn, Ltd., Inc. and Joseph B. Clemente, M.D. (89A01-1401-CT-48) In this medical malpractice case, the Wayne Superior Court granted the defendants summary judgment. The Court of Appeals affirmed. Stafford v. Szymanowski, 13 N.E.3d 890 (Ind. Ct. App. 2014). The plaintiff has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a July 15, 2014 ruling concluding:
Based on the foregoing, we conclude that (1) the trial court properly concluded that Dr. Brickner’s testimony did not create a genuine issue of material fact as to the liability of Dr. Szymanowski; (2) GYN cannot be held vicariously liable for the perceived acts of medical malpractice committed by Dr. Smith when Dr. Smith’s conduct was never reviewed by the medical review panel; and (3) the trial court properly concluded that no recovery exists for the 2007 death of a child not born alive under the Child Wrongful Death Statute, as amended.
- 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 2/2/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 2/9/15):
Wednesday, February 11
- 10:30 PM - Re: D.Y. v. State (49A02-1405-JV-298) Appellant/Defendant D.Y., a juvenile, appeals the juvenile court's dispositional order adjudicating him a delinquent for committing dangerous possession of a firearm, which would be a Class A misdemeanor if committed by an adult. D.Y. was a suspect in the burglary of a television and Xbox because the victim of the burglary named him as one of the people who had played on the Xbox. Before transporting D.Y. to the police station for questioning, police officers conducted a pat down search of him and found a firearm in his jacket. As a result, the State filed a petition alleging that D.Y. was a delinquent child for committing dangerous possession of a firearm and carrying a handgun without a license. During his delinquency hearing, D.Y. moved to suppress the evidence of the firearm based on federal and state constitutional grounds, but the juvenile court denied his motion and entered a true finding as to both counts.
On appeal, D.Y. raises both state and federal constitutional claims and argues that the officers did not have probable cause to arrest him or reasonable suspicion that he was either involved in a burglary or armed and dangerous, as necessary to justify the officers' warrantless search. The Scheduled Panel Members are: Judges May, Barnes and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - Sanitary District of the City of Hammond v. Town of Griffith, et al, and City of Whiting, et al, v. City of Hammond (45A03-1404-PL-125) This case focuses on whether the Sanitary District of the City of Hammond ("the District") has the right to cancel three long-term wastewater services contracts between it and the City of Whiting, the Town of Highland, and the Town of Griffith ("the Customer Communities"). When the District determined that the contracts had become financially untenable and could not get the Customer Communities to reform the contracts, the District made a formal finding under Indiana Code section 5-22-17-5 that funds were not appropriated or otherwise available to support the continuation of performance of the contracts, and it passed a resolution cancelling the contracts. The Customer Communities sued the District and filed motions for summary judgment. The trial court granted the summary judgment motions and held that the District exceeded its statutory authority when it passed the resolution, that the resolution purporting to cancel the contracts had no effect, and that the contracts were to remain in full force and ordered the parties to arbitrate all disputes arising under the contracts. The District appeals, contending that the trial court erred in failing to order judicial review of the District's decision to cancel the contracts because such judicial review was provided for by statute, and erred in determining that the District exceeded its statutory authority when it cancelled the contracts. It further asserts that the trial court erred in ordering the parties to arbitrate because there is nothing to arbitrate given that the District has at all times continued its performance under the contracts. The Scheduled Panel Members are: Judges Kirsch, Robb and Crone. [Where: Court of Appeals 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 February 2, 2015 08:56 AM
Posted to Upcoming Oral Arguments