Monday, March 23, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/23/15):
- No oral arguments currently scheduled.
Next 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.
This week's oral arguments before the Court of Appeals (week of 3/23/15):
Monday, March 23
- 1:00 PM - Hunt v. State (---------) In November 2013, Jeffery Hunt and his father broke into the Elkhart home of an elderly couple, Don and Joan Neer. Hunt struck Don Neer on the head and body several times using a tire iron and his fists, causing Mr. Neer serious injury. Hunt and his father then looted the house, stealing among other things, guns, a television, and cash. Hunt eventually pleaded guilty to Class A felony robbery while armed with a deadly weapon resulting in serious bodily injury, Class A felony burglary, Class B felony conspiracy to commit burglary, and Class B felony criminal confinement. Hunt was sentenced to 50 years per Class A felony conviction and 20 years per Class B felony conviction, concurrent or consecutive, for a total of 120 years in the Department of Correction. The trial court found Hunt's criminal history, the age of the victims, the severity of Mr. Neer's injuries, and the egregiousness of the crime to be aggravating factors and the fact that Hunt accepted responsibility for his crime and showed remorse to be mitigating factors. Hunt appeals and argues that his sentence is inappropriate in light of the nature of the offense and the character of the offender. The Scheduled Panel Members are: Judges Baker, May and Mathias. [Where: Huntington University, Zurcher Auditorium/Merillat Centre for the Arts, Huntington, IN ]
Thursday, March 26
- 1:00 PM - In Re: The Guardianship of Sharon Izzo (53A05-1407-GU-320) In February of 2014, Indiana Adult Protective Services filed a verified petition for a guardianship over the person and estate of an incapacitated person, that person being 77-year-old Appellant Sharon Izzo. The trial court appointed both a guardian ad litem and a temporary guardian for Izzo after a first hearing, and then held a second hearing. At the second hearing, the trial court heard evidence that Izzo had been diagnosed with schizoaffective disorder, frontal lobe dysfunction, and mild dementia. The trial court also heard evidence that Izzo was unable to make appropriate personal and financial decisions. After the second hearing, the trial court appointed Elizabeth Ruh as guardian of Izzo's person and estate. Izzo claims on appeal that the evidence presented was insufficient to support the trial court's findings that she was incapacitated and a guardianship was necessary. Appellee the State of Indiana contends that sufficient evidence was presented to support the trial court's judgment. The Scheduled Panel Members are: Judges Riley, Robb and Bradford. [Where: Ivy Tech/Lafayette, Ivy Hall, 1301 Creasy Lane, Lafayette, IN]
Next 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 ]
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 23, 2015 10:05 AM
Posted to Upcoming Oral Arguments