Monday, February 09, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/9/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 2/16/15):
- 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 2/9/15):
Wednesday, February 11
- 10:30 AM - 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)]
Next week's oral arguments before the Court of Appeals (week of 2/16/15):
Tuesday, February 17
- 9:45 AM - Holleman v. State (45A03-1403-PC-90) Robert Holleman committed felony murder and was sentenced to life in prison. He was denied parole in 1996, 2000, 2005 and 2010. He sought post-conviction relief after the 2010 denial and his petition was denied. He argues on appeal (1) he was deprived of due process because the State did not conduct a new psychiatric assessment that might have shown an improvement in his mental state since the prior evaluation in 1997, and (2) he was not permitted to attend his public parole hearing.
The Scheduled Panel Members are: Chief Judge Vaidik, Judges May and Barnes. [Where: Supreme Court Courtroom (WEBCAST)]
- 1:00 PM - In Re The Supervised Estate of Gary Roberts and Elizabeth A. Roberts (30A01-1407-ES-288) In late 2013, Martha Blevins was injured when her vehicle was hit by a vehicle driven by Gary Roberts. Unrelated to that accident, Gary died intestate a few days later, survived by his wife and sole heir, Elizabeth. Blevins filed a claim for personal injury and damages in Gary's estate, which the personal representative disallowed. Elizabeth died just a few weeks after Gary, leaving a will bequeathing her property to her nieces and nephews and to several charities. The same personal representative was appointed to Elizabeth's estate. The personal representative gathered the tangible personal property belonging to Gary and Elizabeth and filed with the trial court a Petition for Determination of Ownership of Tangible Personal Property and for Instructions. Blevins, as an interested party, appeared at the hearing on the petition. One of the categories of tangible personal property was "guns, ammunition, and weaponry" valued at more than $500,000. The trial court concluded that the guns and related items constituted "household goods" that became Elizabeth's sole property after Gary's death. Blevins appeals the trial court's order, contending that the trial court erred in admitting three exhibits showing gun purchases and also contending that the guns should be classified as Gary's personal property and the proceeds split equally between his and Elizabeth's estates rather than included solely in Elizabeth's. The Scheduled Panel Members are: Judges Riley, Robb and Bradford. [Where: Wabash College, Salter Hall/Fine Arts Center 301 W. Wabash Ave., Crawfordsville]
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 9, 2015 09:02 AM
Posted to Upcoming Oral Arguments