Monday, March 02, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/2/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 3/9/15):
- 9:00 AM - Peter Griffith v. State of Indiana (48S02-1501-CR-10) On trial for battery by means of a deadly weapon, Griffith presented evidence of self-defense. However, the Madison Circuit Court ruled Griffith could not call two witnesses who would have testified that the victim said he had hit Griffith. A majority of the Court of Appeals panel affirmed in Griffith v. State, 18 N.E.3d 625 (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 Sept. 30, 2014 COA opinion (5th case), relating to the interpretation of Evidence Rule 613(b).
- 9:45 AM - James Giles, Individually and as Executor of the Estate of Rule Giles, Deceased v. Anonymous Physician I, Anonymous Corporation I, Anonymous Hospital I, et al. (03A01-1306-CT-257) After the patient's estate filed a medical malpractice action, Physician I filed a motion for summary judgment on grounds he did not treat the patient or have a physician-patient relationship with her. The Bartholomew Superior Court entered summary judgment for Physician I. The Court of Appeals affirmed. Giles v. Anonymous Physician I, 13 N.E.3d 504 (Ind. Ct. App. 2014). The patient's estate has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a July 21, 2014 COA opinion, where the Court wrote:
This appeal involves a preliminary determination in a medical malpractice case filed in the county court while the case was pending before the Indiana Department of Insurance (“IDOI”). Anonymous Physician I (“Hospitalist”) and Anonymous Corporation I (“Medical Corporation”)—after being sued by James Giles (“Giles”), individually and as executor of the estate of Ruth Giles, deceased (“Ruth”)—moved for summary judgment on the basis that Hospitalist owed no duty to Ruth because he did not treat her or have a physician-patient relationship with her. Giles now appeals the trial court’s order granting summary judgment to Hospitalist and Medical Corporation. We affirm.
This week's oral arguments before the Court of Appeals (week of 3/2/15):
Friday, March 5
- 1:00 PM - Devereaux v. Love and Love (49A02-1404-CT-260) The instant matter involves questions relating to the duty owed to clients of a law firm when one of the clients' counsel of record resigns from his employment from the firm over concerns about potential ethical violations that may have been committed by his co-counsel. On appeal, Appellant-Defendant Timothy Devereaux and Appellees-Plaintiffs Jim and Diana Love challenge the trial court's order denying each of their competing motions for summary judgment. Specifically, the parties challenge the trial court's determination that an issue of material fact exists as to whether Devereaux, in his prior position as counsel of record for the Loves, breached a duty owed to the Loves when he resigned from his employment at the law firm representing the Loves without notifying the Loves of his concerns relating to potential ethical violations committed by and the honesty and trustworthiness of the Loves' remaining counsel at the firm. The Scheduled Panel Members are: Judges Riley, Robb and Bradford. [Where: Indiana State University, Terre Haute]
Next week's oral arguments before the Court of Appeals (week of 3/9/15):
Thursday, March 12
- 6:30 PM - Marsh v. State (82A01-1405-CR-233) In this case, Marsh appeals his conviction for murder, arguing that the trial court committed fundamental error when it admitted into evidence a video of Marsh's interview with the police. Marsh believes that the video contained impermissible hearsay and that, because the hearsay was also testimonial in nature, its introduction violated his rights under the Sixth Amendment's Confrontation Clause. The Scheduled Panel Members are: Judges Baker, Riley and Robb. [Where: Culver Academies (Legion Memorial Building) Culver, 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 2, 2015 09:16 AM
Posted to Upcoming Oral Arguments