Monday, November 23, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/23/15):
Wednesday, November 25
- 9:00 AM - William R. Bowman v. State of Indiana (21S04-1510-CR-604) In the Fayette Circuit Court, Bowman was convicted of dealing in a narcotic within 1,000 feet of a school and found to be an habitual offender. The Court of Appeals reversed on grounds there was insufficient evidence to support the conviction. Bowman v. State, 32 N.E.3d 812 (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 May 26th opinion (4h case) where the COA concluded: "Because the State did not prove the product of the “controlled” buy was heroin, there was not sufficient evidence Bowman committed Class A felony dealing in a narcotic within 1,000 feet of a school. Accordingly, we reverse."
- 9:45 AM - Daniel Wahl v. State of Indiana (29S02-1510-CR-606) Saundra Wahl v. State of Indiana (29S04-1510-CR-605) Following a joint jury trial, the Wahls were each convicted of involuntary manslaughter, a class D felony, for the death of a toddler who died at their home daycare, and they filed a motion for mistrial based on the conduct of an alternate juror. The Hamilton Superior Court sentenced each of them to three years and ordered them to pay restitution, and denied the motion for mistrial. The Court of Appeals found sufficient evidence that their conduct had been “reckless,” rejected the other arguments raised, and affirmed. Saundra Wahl v. State, 36 N.E.3d 1147 (Ind. Ct. App. 2015), vacated, and Daniel Wahl v. State, 36 N.E.3d 1163 (Ind. Ct. App. 2015), vacated. The Supreme Court has granted the Wahls’s petitions to transfer the case and has assumed jurisdiction over the appeal.
ILB: Saundra Wahl was a 2-1, June 30th COA opinion (5th case) involving a day care facility, with the majority opinion affirming a conviction of involuntary manslaughter, followed by a dissent. Daniel Wahl - Same 2-1 vote, same judges, same date, 6th case.
- 10:30 AM - Town of Fortville v. Certain Fortville Annexation Territory Landowners (30S01-1510-MI-626) The town of Fortville adopted an ordinance annexing 644 acres of land, and some landowners in the annexation area remonstrated against the annexation. After a hearing, the Hancock Circuit Court entered judgment in favor of the landowners. The Court of Appeals reversed and remanded to the trial court for reconsideration. Town of Fortville v. Certain Fortville Annexation Territory Landowners, 36 N.E.3d 1176 (Ind. Ct. App. 2015), vacated. The Supreme Court has granted the landowners’ petition to transfer and has assumed jurisdiction over the appeal.
ILB: This was a July 2, 2015 COA opinion.
- 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 11/23/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 11/30/15):
Tuesday, December 1
- 1:30 PM - Monarch Beverage Co. v. David Cook, et al (49A02-1504-PL-245) Indiana's Alcoholic Beverages Law, which consists of several statutory provisions, prohibits alcohol wholesalers from holding interests in both beer and liquor permits. Monarch Beverage Company, Inc. ("Monarch") filed a complaint against David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission, et al ("the State"), alleging these statutes violate the Equal Privileges and Immunities Clause of the Indiana Constitution because the statutes discriminate on their face against beer wholesalers by prohibiting beer wholesalers from seeking a permit to distribute liquor and such restraint is not based upon an inherent difference between beer and liquor wholesalers. The trial court granted summary judgment in favor of the State and against Monarch, finding the statutes to be constitutional. Monarch appeals the trial court's order, alleging that the trial court erred in its determination that the statutes are not unconstitutional. The Scheduled Panel Members are: Judges Najam, Kirsch and Barnes. [Where: Supreme Court courtroom (WEBCAST)]
Thursday, December 3
- 11:00 AM - Collip v. Ratts (49A05-1501-CT-1) A doctor and a nurse practitioner had a contractual relationship pursuant to which the doctor was to oversee the nurse practitioner's prescriptive practices. The doctor had no ownership or employment relationship with the nurse practitioner's medical practice and did not see or treat her patients. After a patient of the nurse practitioner died, the decedent's estate filed a medical malpractice claim against the doctor and the nurse practitioner. The trial court found as a matter of law that the doctor had a duty to the nurse practitioner's patient, and the doctor has brought an interlocutory appeal challenging that decision.
The Scheduled Panel Members are: Judges Baker, Riley and Bailey. [Where: Court of Appeals courtroom (WEBCAST)]
- 1:30 PM - B&R Oil et al v Stoler et al (71A03-1503-PL-114) In this case, B&R Oil Company, Inc. and Atlas Oil Company are appealing the trial court's order granting a motion to enforce an oral settlement agreement of a legal dispute between the oil companies and 18 of their gas station tenants. On appeal, the oil companies argue that the trial court erred in concluding that the parties had reached an enforceable oral settlement agreement because neither the individuals representing the tenants nor those representing the oil companies at the settlement conference had authority to enter into a binding settlement agreement. The oil companies argue further that even if all parties had settlement authority, no enforceable settlement was reached because the parties did not agree on all material terms and understood that there would be no binding agreement until the terms were memorialized and agreed to in writing. The Scheduled Panel Members are: Judges Riley, Brown and Altice. [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 November 23, 2015 08:33 AM
Posted to Upcoming Oral Arguments