Monday, March 30, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/30/15):
Thursday, April 2
- 9:00 AM - Thomson, Inc. n/k/a Technicolor USA, Inc. v. Insurance Company of North America n/k/a Century Indemnity Company, et al. ( 49A05-1109-PL-470) The Marion Superior Court issued partial summary judgment orders addressing the duty to defend, defense costs, and interpretation of insurance policy language. The Court of Appeals affirmed in part, reversed in part, and remanded. Thomson v. Insurance Co. of N. America, 11 N.E.3d 982 (Ind. Ct. App. 2014). Thomson and an insurance company have each petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a June 19, 2014, 88-page, 2014 COA opinion.
- 9:45 AM - Antonio Smith v. State of Indiana (71A04-1312-CR-609) Following a jury trial, the St. Joseph Superior Court found Smith guilty of burglary. The Court of Appeals reversed, finding Smith’s conviction had been obtained through the State’s knowing use of perjured testimony. Antonio Smith v. State, 22 N.E.3d 620, 628 (Ind. Ct. App. 2014). The State has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a Nov. 24, 2014 COA opinion which includes at footnote 2: "Thus, we direct the Clerk of this Court to send a copy of this opinion to the Disciplinary Commission. We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments."
- 10:30 AM - Indiana Insurance Company v. Patricia Kopetsky (49S02-1502-PL-109) Indiana Insurance Company filed a complaint in the Marion Superior Court asking for a judgment declaring it has no obligation under its insurance policies to defend or indemnify Kopetsky against claims he knew a subdivision development contained contamination and sold lots to a builder without revealing the problem. The trial court found coverage and entered summary judgment for Kopetsky. The Court of Appeals affirmed in part, reversed in part, and remanded. Indiana Ins. Co. v. Kopetsky, 11 N.E.3d 508 (Ind. Ct. App. 2014), reh'g granted, 14 N.E.3d 850 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted petitions to transfer and has assumed jurisdiction over the appeal.
Thursday, April 9
- 9:00 AM - State of Indiana v. Chase R. Downey (10A01-1310-CR-432) The Clark Circuit Court where Downey’s criminal case was pending issued an order vacating an order previously issued by the Clark Superior Court for the transfer of Downey’s property to the federal government for forfeiture. When the State appealed, the Court of Appeals reversed. State v. Downey, 14 N.E.3d 812 (Ind. Ct. App. 2014). Downey has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a July 31, 2014, 2-1 COA opinion.
- 9:45 AM - William Clyde Gibson, III v. State of Indiana (22S00-1206-DP-359) Following a jury trial, Gibson was found guilty of murdering Christine Whitis, and following the jury’s sentencing decision, the Floyd Superior Court sentenced Gibson to death. In this direct appeal, Gibson raises issues relating to jury selection, voluntary manslaughter, and timing of the trial.
- 1:00 PM - Phyllis Dodson, as Special Administrator of the Estate of Eboni Dodson, Deceased v. Curt Carlson, Carmel Hotel Company, et al. (49A04-1305-CT-267) After attending a business meeting at which he consumed alcohol, Curt Carlson was driving home when he struck a disabled vehicle and its driver was killed. The deceased's estate filed a complaint against several defendants including Carlson's employer. The Marion Superior Court granted summary judgment for the employer. The Court of Appeals affirmed on grounds Carlson was not acting within the scope of his employment at the time of the accident. Dodson v. Carlson, 14 N.E.3d 781 (Ind. Ct. App. 2014). The estate has petitioned the Supreme Court to accept jurisdiction over the appeal. [Note: The Supreme Court will be taking a road trip; the oral argument will be at Columbus North High School in Bartholomew County.]
ILB: This was a 7/25/14 opinion where the COA wrote: "Carlson was not acting in the scope of his employment at the time of the accident. The doctrine of respondeat superior is limited by the 'going and coming' rule: 'an employee on his way to work is normally not in the employment of the corporation.'"
This week's oral arguments before the Court of Appeals (week of 3/30/15):
Monday, March 30
- 1:30 PM - Town of Zionsville v. Town of Whitestown (06A01-1410-PL-432) In 2014, under the auspices of the Indiana Government Modernization Act, the Town of Zionsville sought to reorganize with Perry Township, in Boone County. Between Zionsville and most of Perry Township lay the Town of Whitestown, which itself sought to annex portions of Perry Township and thus opposed the proposed reorganization efforts of Zionsville and Perry Township. Whitestown and Angel Badillo, a Perry Township resident, filed suit to stop the proposed reorganization, and Zionsville counterclaimed to stop Whitestown's annexation efforts. The trial court entered summary judgment in favor of Whitestown. However, voters approved the Zionsville-Perry Township reorganization during the pendency of the litigation. Zionsville now appeals. The Scheduled Panel Members are: Judges Bailey, Robb and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Wells v. State (53A04-1402-CR-61) Andre Wells was convicted of killing his mother's husband. He argues on appeal that the trial court should not have admitted certain evidence against him, including evidence of his whereabouts around the time of the murder based on records of his cellphone location; wire recordings secretly made by someone who told police that Wells confessed the crime to him; and testimony that Wells initiated a "murder-for-hire" plot to have that person killed. The Scheduled Panel Members are: Judges Baker, May and Sr. Judge Barteau. [Where: University of Southern Indiana, Mitchell Auditorium/Health Professions Building, Evansville, IN ]
Next week's oral arguments before the Court of Appeals (week of 4/6/15):
Wednesday, April 8
- 9:30 AM - Reyes-Valdes v. State (15A01-1406-CR-237) A jury found David Reyes-Valdes guilty of dealing in cocaine and conspiracy to deal cocaine. He was sentenced to 50 years in prison. Reyes-Valdes appeals his convictions and sentence. He first claims that the evidence was insufficient to prove beyond a reasonable doubt that he was guilty of either of the charges against him. He also raises an issue of double jeopardy with regard to his convictions. Finally, he contends that his sentence of 50 years is inappropriate and asks this court to use its power under the Indiana Constitution and Appellate Rule 7 to revise his sentence. The Scheduled Panel Members are: Judges Najam, Robb and Brown. [Where: Paoli High School, 501 Elm St., Paoli, 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 March 30, 2015 08:27 AM
Posted to Upcoming Oral Arguments