Monday, June 15, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/15/15):
Tuesday, June 16
- 9:00 AM - Stacy Knighten v. East Chicago Housing Authority, et al. (45A04-1312-CT-632) Knighten alleged that a security guard, with whom she was involved in a romantic relationship, shot and injured her. In Knighten’s personal injury action, the Lake Circuit Court granted summary judgment for the security guard’s employer and for the housing authority where the shooting occurred. The Court of Appeals affirmed in Knighten v. East Chicago Housing Authority, No. 45A04-1312-CT-632 (Ind. Ct. App. Sept. 12, 2014) (NFP mem. dec.), trans. pending. Knighten has petitioned the Supreme Court to accept jurisdiction over the appeal, citing issues related to the employer’s liability on a theory of respondent superior.
ILB: This was a Sept. 12, 2014 NFP COA opinion.
- 9:45 AM - David Anderson, Joe Wray, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann (07S01-1505-PL-284) The Brown Circuit Court awarded a summary judgment declaring that the Brown County Board of Commissioners lacks the authority to amend an ordinance by which it previously had established a fire protection district. The Court of Appeals affirmed. Anderson v. Gaudin, 24 N.E.3d 479 (Ind. Ct. App. 2015), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Jan. 12, 2015 opinion re the Brown County Commissioners' ordinance establishing a county-wide fire-protection district.
- 10:30 AM - In re: the Marriage of Gertiser; Kevin Gertiser v. Ann Gertiser (Stokes) (29A02-1401-DR-43) When an ex-husband petitioned to modify spousal maintenance, the Hamilton Superior Court held a hearing and issued findings denying the ex-husband’s petition and requiring him to pay his ex-wife’s attorney’s fees. The Court of Appeals reversed and held that the trial court abused its discretion in denying the ex-husband’s petition and by ordering him to pay attorney’s fees. In re Marriage of Gertiser, 24 N.E.3d 521 (Ind. Ct. App. 2015). The ex-wife has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a Jan. 14, 2015 COA opinion (3rd case).
- No arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
Next week's oral arguments before the Court of Appeals (week of 6/15/15):
Monday, June 15
- 1:00 PM - Price v. State (29A04-1408-CR-405) Amy Ann Price was convicted of four counts of Class B felony burglary. The court imposed four consecutive eight-year sentences, but it suspended three years of each sentence. On appeal, Price argues that the trial court erroneously denied her motion to suppress her confession and the evidence found in her purse because the State violated her constitutional rights under Article I, Section 11 of the Indiana Constitution by searching her purse without giving her a Pirtle warning. She also argues that she was prejudiced by the court's jury instructions, which allegedly misled the jury by emphasizing specific evidence that implied her guilt. The Scheduled Panel Members are: Chief Judge Vaidik, Judges May and Barnes. [Where: Trine University, One University Ave., Angola]
- 1:00 PM - Hameck Oil Co. v. J Group Energy I, et al (49A02-1409-PL-635) Defendants appeal and raise issues concerning whether Hameck Oil, ex-Manager of Legacy I, can invoke the Company Agreement's arbitration provision; whether the Plaintiffs' amendment to the Company Agreement was authorized by either the Company Agreement's terms, state law, or federal law and, if so, whether it was effective retroactively; whether the amendment was binding on Defendant Hameck Oil, which was no longer a party to the Company Agreement having previously resigned as Manager of Legacy I; and whether the doctrine of equitable estoppel requires Plaintiffs to arbitrate their claims against Defendants, including those that did not execute the Company Agreement. The Scheduled Panel Members are: Judges Baker, Friedlander and Kirsch. [Where: Purdue University Krannert Center, Room 124, West Lafayette]
Monday, June 22
- 1:30 PM - South Holt Road Holdings, LLC v. Holt Road, LLC, et al (49A02-1407-MF-525) In 2006, the Appellees as borrowers executed and delivered a note, as well as a mortgage in connection with the note, regarding certain real estate. The Appellant has inherited the rights and interest in the note, mortgage and other loan documents through various assignments. The Appellees defaulted on the loan terms in May 2013, and the real estate was eventually foreclosed upon pursuant to that default. While the foreclosure proceedings were pending, the Appellees received certain property tax refunds from the Marion County Treasurer relating to tax years 2008-2011, prior to the Appellees' default. The parties dispute whether the tax refunds fall within the security interest held by Appellant pursuant to the loan documents, which the parties agree contain limited-recourse provisions. The trial court held that the Appellees as borrowers were entitled to the tax refunds because they are not within the Appellant's security interest as they relate to tax years prior to Appellee's default. On appeal, the parties make various arguments involving the interpretation of certain provisions in the loan documents. The Scheduled Panel Members are: Judges Crone, Brown and Pyle. [Where: Court of Appeals courtroom (WEBCAST)]
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 June 15, 2015 08:41 AM
Posted to Upcoming Oral Arguments