Monday, September 21, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/21/15):
Wednesday, September 23
- 9:00 AM - Mid-America Sound, et al. v. Indiana State Fair Commission, et al. (49A02-1404-CT-288) When Mid-America Sound, which provided a stage roof for a concert at the Indiana State Fair, was sued by those injured when the roof collapsed and Mid-America sought indemnification from the Indiana State Fair Commission, the Marion Superior Court granted the Commission summary judgment. The Court of Appeals reversed and remanded. In re Indiana State Fair Litigation, 28 N.E.3d 333 (Ind. Ct. App. 2015). The Commission has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a March 2, 2015, 2-1 COA opinion, concluding: "There are genuine issues of fact regarding the validity and enforceability of the indemnification provisions in the vouchers Mid-America submitted to the Commission and the Commission reviewed and paid, and the Commission is not shielded by the ITCA. Summary judgment for the Commission was therefore error, and we accordingly reverse and remand for trial." See also this ILB post from the following day.
- 9:45 AM - James Beasley v. State of Indiana (49A04-1406-CR-253) Beasley was tried for murder and attempted murder in the Marion Superior Court. Over Beasley’s hearsay objection, the surviving victim (Beamon) was allowed to testify about a conversation he had had the day before the murder with the deceased victim (Allen). Beasley was convicted. The Court of Appeals determined that admission of the evidence was error but harmless, and affirmed. Beasley v. State, 29 N.E.3d 802 (Ind. Ct. App. 2015), trans. pending. Beasley has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is an April 29, 2015 COA opinion, see brief ILB summary here (2nd case)
- 10:30 AM - Town of Zionsville, Indiana v. Town of Whitestown, Indiana, et al. (06A01-1410-PL-432) The Town of Zionsville sought to reorganize with territory in Perry Township pursuant to the Government Modernization Act. The Town of Whitestown sought to annex some of the same territory and filed a complaint challenging the proposed reorganization. Zionsville counterclaimed, challenging the proposed annexation. On cross-motions for summary judgment, the Boone Superior Court entered summary judgment for Whitestown. The Court of Appeals reversed and remanded. See Town of Zionsville v. Town of Whitestown, 33 N.E.3d 1144 (Ind. Ct. App. 2015). Whitestown has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a June 2, 2015 COA opinion.
Next week's oral arguments before the Supreme Court (week of 9/28/15):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
Next week's oral arguments before the Court of Appeals (week of 9/21/15):
Wednesday, September 23
- 1:00 PM - Criswell v. State (02A03-1501-CR-22) At all times relevant to the instant appeal, Appellant-Defendant Scott A. Criswell was a sergeant with the Fort Wayne Police Department ("FWPD"). Criswell allegedly attended a party at the home of another Fort Wayne police officer on August 10, 2013. While at the party, Criswell and the wives of two other Fort Wayne police officers are alleged to have forcibly entered a nearby home and removed certain items from the property. This appeal involves the question of whether the United States Supreme Court's opinions in Garrity v. New Jersey, 385 U.S. 493 (1967) and Kastigar v. United States, 406 U.S. 441 (1972) prohibit the State from using a statement collected during an internal investigation by the FWPD into actions allegedly committed by Criswell as evidence against Criswell in connection to criminal charges brought against him. On appeal, Criswell challenges the trial court's denial of his Motion to Dismiss and/or Suppress, arguing that the criminal charges against him should be dismissed because the charges were brought in violation of his Fifth Amendment privilege against self-incrimination, as well as in violation of the legal protections enunciated by the Supreme Court in Garrity and Kastigar. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Crone and Bradford. [Where: North Central High School, 1801 E. 86th St., Indianapolis, IN]
This week's oral arguments before the Court of Appeals (week of 9/28/15):
Momday, September 28
- 1:00 PM - Jay Classroom Teachers Association v. Jay School Corp. and Indiana Education Employment Relations Board (49A05-1412-PL-586) The Jay Classroom Teachers Association ("the Association") appeals from the trial court's denial of the Association's petition for judicial review. Specifically, the trial court affirmed the Indiana Education Employment Relations Board's order adopting, in part, the Last Best Offer ("LBO") of the Jay School Corporation as the Collective Bargaining Agreement ("CBA"), after the parties attempted to negotiate a CBA for 2013-14, but reached an impasse. On appeal, the Association raises two issues for our consideration. First, the Association argues that the trial court erred in concluding that the Board permissibly struck the LBO provision providing that teachers who volunteered to cover a class during the regular school day would be compensated for that work. Second, the Association contends that the trial court erred in concluding that a provision giving the school superintendent the authority to determine where on the pay scale to place the starting salary of a teacher hired after the school year began did not violate Indiana law. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Robb and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
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 September 21, 2015 08:22 AM
Posted to Upcoming Oral Arguments