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Monday, September 14, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/14/15):
Thursday, September 17
- 9:00 AM - Timothy McNamara, Tamara Goodfellow, and Teresa Melton v. Zollman Farms, Inc., Testamentary Trust of Jack D. Roller, and Thomas Michael Carr (36S05-1506-PL-367) The Jackson Superior Court entered a judgment for the defendants on the plaintiffs' complaint alleging the path they use to reach their landlocked tract has become a public road by use under Indiana Code section 8-20-1-15 (Supp. 1987). The Court of Appeals reversed. McNamara v. Zollman Farms, Inc., No. 36A05-1404-PL-180 (Ind. Ct. App. Jan. 13, 2015) (NFP mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Jeffrey Hewitt v. Westfield Washington School Corporation, Board of Trustees of Westfield Washington School Corp., et al. (29S04-1506-PL-377) After being discharged from his position as an elementary school principal, the plaintiff brought this action against the school corporation and others, contending the defendants breached his contract and deprived him of due process. The Hamilton Superior Court granted summary judgment to the defendants. The Court of Appeals reversed. Hewitt v. Westfield Washington Sch. Corp., 24 N.E.3d 459 (Ind. Ct. App. 2014), reh’g denied. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Dec. 30, 2014 COA opinion, where the Court concluded:
The School has failed to carry the “onerous burden” of showing that there are no genuine issues of material fact and that the School is entitled to a judgment as a matter of law on Hewitt’s breach of contract and due process claims. Accordingly, the trial court erred in granting summary judgment in favor of the School. We therefore remand for further proceedings.
- 10:30 AM - Scott A. Hitch v. State of Indiana (49S02-1506-CR-376) After a jury convicted Hitch of battery, the trial court determined Hitch had committed “domestic violence” according to Indiana Code 35-38-1-7.1 (requiring a court to make the determination) and Indiana Code 35-31.5-2-78 (defining “domestic violence”). As a result, Hitch was prohibited from possessing a firearm under a federal law. The Court of Appeals determined this increased the penalty for the battery offense beyond the prescribed statutory maximum in violation of Blakely v. Washington, 542 U.S. 296 (2004), and reversed the trial court’s domestic violence determination. Hitch v. State, 24 N.E.3d 974 (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. 8, 2015 opinion (2nd case) where the COA ruled:
Hitch argues that the trial court’s domestic violence determination infringed upon his Sixth Amendment right to a jury trial when it found a fact that increased the penalty for his conviction beyond the statutory maximum in violation of Blakely v. Washington, 542 U.S. 296 (2004). Finding that the trial court’s determination that Hitch committed a crime of domestic violence required it to find a fact that increased the penalty for Hitch’s conviction beyond the statutory maximum, we reverse.
Next 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.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/14/15):
Monday, September 14
- 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 1, 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: Court of Appeals Courtroom (WEBCAST)]
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]
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 September 14, 2015 08:55 AM
Posted to Upcoming Oral Arguments