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Tuesday, April 28, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/27/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 5/4/15):
Thursday, May 7
- 9:00 AM - Serenity Springs v. LaPorte County Convention & Vistors Bureau (46A04-1309-MI-470) After the Visitors Bureau publicly announced it had chosen "Visit Michigan City LaPorte" as its branding identifier, Serenity Springs registered the internet domain name visitmichigancitylaporte.com. The Visitors Bureau filed a complaint against Serenity Springs. The LaPorte Superior Court entered judgment for the Visitors Bureau, concluding Serenity Springs had committed common law trade name infringement and other torts categorized as unfair competition. The Court of Appeals reversed. Serenity Springs, Inc. v. LaPorte Cnty. Convention and Visitors Bureau, 13 N.E.3d 487 (Ind. Ct. App. 2014). The Visitors Bureau has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is Serenity Springs II, a 2-1 opinion decided July 16, 2014 (2nd case). Serenity Springs I was decided by the COA on April 15, 2013 (1st case). In "I" the claims were trademark infringement and cybersquatting.
[BTW, the ILB mentioned this case in a brief March 24th post on Ted Cruz and Paul Ryan.]
- 9:45 AM - Robert Masters v. Leah Masters (02S04-1504-DR-156) As part of the final decision in this marital dissolution, the arbitrator ordered the husband to pay $95,000 of the wife’s attorney’s fees, and the Allen Superior Court adopted that decision. The Court of Appeals reversed and remanded, holding that the arbitrator’s decision on attorney’s fees was clearly erroneous. Masters v. Masters, 20 N.E.3d 158 (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 an Oct. 29, 2014 COA opinion (2nd case).
- 10:30 AM - Robin Eugene Montgomery v. State of Indiana (82S01-1504-CR-157) Following a jury trial in the Vanderburgh Superior Court, Montgomery was convicted of dealing in methamphetamine, a class B felony, and other offenses. The Court of Appeals affirmed, addressing as a matter of first impression whether admission of “National Precursor Log Exchange” records violates a defendant’s right of confrontation under the Sixth Amendment. Montgomery v. State, 22 N.E.3d 768 (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 Dec. 11, 2014 COA opinion (3rd case).
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/27/15):
Wednesday, April 29
- 1:00 PM - Wilford v. State (49A02-1408-CR-534) In May 2013, Lamont Wilford was driving his sister's car in Indianapolis when a police officer noticed damage to the car's windshield and back end. Due to the car's condition, the officer pulled him over. Wilford stopped and parked the car in a Planet Fitness parking lot. The officer learned that Wilford's license was currently suspended and that Wilford also had a prior license suspension, so he placed Wilford under arrest. The officer then decided to impound the car. Before it was towed away, and without obtaining a warrant, the police searched the car and discovered a stolen gun in the front seat center console. Wilford told the police that he received the gun in trade for a puppy and thought the gun was "clean," meaning not stolen. Wilford was charged with Driving While Suspended with a Prior Suspension and Carrying a Handgun without a License, both Class A misdemeanors. At trial, Wilford argued that the police conducted an illegal, warrantless search of the car. He asked the court to exclude the gun from evidence because generally, evidence found during an illegal search cannot be admitted at trial. The State argued that the police did not need a warrant because the officer found the gun while doing a valid inventory search of the car prior to towing. Over Wilford's objection, the trial court admitted the gun. Wilford was found guilty of both charges and sentenced to 365 days in jail, with 357 of those days suspended to probation. On appeal, Wilford challenges his Handgun conviction and asks this Court to decide whether the trial court erred in admitting the gun because it was obtained during an unconstitutional search. The Scheduled Panel Members are: Judges Baker, Bailey and Bradford. [Where: New Palestine High School, 4485 S. Victory Drive, New Palestine, IN]
Next week's oral arguments before the Court of Appeals (week of 5/4/15):
Wednesday, May 6
- 11:00 AM - City of Evansville et al v. Magenheimer (82A01-1409-PL-398) On Sept. 10, 2011, police ordered Benjamin Magenheimer to leave the Evansville City Zoo for openly carrying a firearm. Magenheimer brought suit under the Indiana Firearm Preemption Act, which generally bars political subdivisions from regulating firearms. The City of Evansville argues that actions brought under this statute are subject to the Indiana Tort Claims Act because violations of the statute by political subdivisions are torts. Magenheimer argues that his cause of action is purely statutory and not based in tort and that, therefore, the ITCA does not govern. The Scheduled Panel Members are: Judges Baker, May and Sr. Judge Barteau. [Where: Tropicana Evansville, 421 NW Riverside Drive, Evansville, IN 47708 ]
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 28, 2015 10:19 AM
Posted to Upcoming Oral Arguments