Tuesday, April 07, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/6/15):
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.'"
- 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 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 ]
Next week's oral arguments before the Court of Appeals (week of 4/13/15):
Monday, April 13
- 1:30 PM - Lincoln National Life Insurance Co. v. Bezich, individually and on behalf of a class of others similarly situated (02A04-1407-PL-319) Peter Bezich filed suit against The Lincoln National Life Insurance Company ("Lincoln"). Bezich's complaint included claims of three separate breaches of his insurance contract by Lincoln, and Bezich requested that the trial court allow all three counts to be maintained as a class action that would include a class of policyholders spanning numerous states. The trial court denied class certification with respect to Counts 1 and 2, but granted class certification with respect to Count 3. Lincoln appeals, arguing the trial court erred by granting class certification as to Count 3. Bezich cross appeals, arguing that the trial court erred by denying class certification for Counts 1 and 2. The Scheduled Panel Members are: Judges Bailey, Robb and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, April 14
- 1:00 PM - Wertz v. State (48A04-1409-CR-427) On Sept. 9, 2011, Christopher Wertz was driving in Madison County when he lost control of his vehicle and struck a utility pole. Wertz was severely injured and his passenger, Megan Solinski, died at the scene of the accident as a result of injuries sustained. Law enforcement officers found a Garmin GPS device near the wrecked vehicle. An officer obtained the password to Wertz's GPS device and was able to collect information from the device, including the route Wertz traveled and his speed at the time of the accident. The State charged Wertz with reckless homicide, a Class C felony, and Wertz filed a motion to suppress evidence obtained through the warrantless search of his GPS device. The trial court denies Wertz's motion to suppress, and Wertz subsequently brought this interlocutory appeal.. The Scheduled Panel Members are: Judges Riley, Bailey and Robb. [Where: Hammond Academy for Science and Technology, 33 Muenich Court, Hammond, IN]
- 3:00 PM - Fight Against Brownsburg Annexation v. Town of Brownsburg (32A01-1407-PL-300) A group called Fight Against Brownsburg Annexation ("FABA") opposed the Town of Brownsburg's ("Brownsburg") proposed annexation of 4,461 acres north of the town and filed a remonstrance petition with the trial court. The trial court dismissed the remonstrance petition for lack of subject matter jurisdiction. FABA appeals from the dismissal of its remonstrance petition and presents two issues for our review: (1) whether the trial court erred when it found that some of the signatures in support of the remonstrance petition were invalid because they predated Bronwsburg's adoption of the annexation ordinance; and (2) whether FABA was required, under Indiana Code Section 36-4-6-12, to obtain the signatures of every owner of a parcel owned by more than one person. In addition, the Court of Appeals asks the parties to address whether a Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction is the proper vehicle to attack the sufficiency of a remonstrance petition under Indiana Code Section 36-4-6-12. The parties should be ready to discuss our Supreme Court's holdings relevant to that issue in In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014), and Packard v. Shoopman, 852 N.E.2d 927 (Ind. 2006) as well as this court's holdings in City of Kokomo ex. rel Goodnight v. Pogue, 940 N.E.2d 833, 836 (Ind. Ct. App. 2010), and Herdt v. City of Jeffersonville (In re Petition to Annex Approximately 7,806 Acres of Real Estate into City of Jeffersonville), 891 N.E.2d 1157 (Ind. Ct. App. 2008), trans. denied. The Scheduled Panel Members are: Judges Baker, Najam and Friedlander. [Where: Supreme Court Courtroom (WEBCAST)]
- 3:30 PM - Johnson v. State (48A05-1406-CR-269) Tiras Johnson's ("Johnson") probation was revoked by the Madison Circuit Court after the State proved by a preponderance of the evidence that Johnson both possessed and dealt marijuana while on probation. Johnson appeals his probation revocation and argues that the trial court abused its discretion when it denied his motion to suppress evidence seized during the warrantless search of his friend's residence, where some of Johnson's personal property was located. Specifically, Johnson argues that the warrantless search violated both the Fourth Amendment of the United States Constitution and Article One, Section Eleven of the Indiana Constitution because no exigent circumstances existed to justify the law enforcement officer's entry into his friend's home. In response, the State argues that Johnson does not have standing to challenge the search because he had no reasonable expectation of privacy in the residence where the marijuana was found. In the alternative, the State asserts that the officer's warrantless entry was constitutionally permissible because of the existence of exigent circumstances. The Scheduled Panel Members are: Judges Mathias, Barnes and Crone. [Where: Manchester University, 604 E. College Ave., North Manchester, IN ]
- 1:00 PM - Blackmon v. State (71A03-1411-CR-413) In this case, Blackmon was charged with intimidation, which our Code defines as "communicat[ing] a threat to another person, with the intent that the other person be placed in fear of retaliation for a prior lawful act." IC 35-45-2-1. Blackmon argues that the evidence was insufficient to show that he threatened the victim or that any threat was intended to place the victim in fear of retaliation for the prior lawful act specified in the charge. The Scheduled Panel Members are: Judges Baker, May and Bradford. [Where: Merrillville Branch, Lake County Public Library, 1919 W. 81st. Ave., Merrillville, 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 April 7, 2015 06:54 AM
Posted to Upcoming Oral Arguments