Monday, November 30, 2015
Ind. Decisions - Upcoming oral arguments this week and next [Revised]Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/30/15):
Thursday, December 3
- 9:00 AM - Theodore Miller v. LVNV Funding (82A04-1412-SC-598) In this small claims action, LVNV Funding sought to recover against Miller for an unpaid credit card debt, and attached to LVNV’s notice of claim was an affidavit stating that the debt was originally owned by another entity but is now owned by LVNV. The Vanderburgh Superior Court rejected Miller’s argument that the affidavit was insufficient to show who owns the debt, and the court awarded LVNV a judgment for $1,509. The Court of Appeals affirmed. Miller v. LVNV Funding LLC, No. 82A04-1412-SC-598 (Ind. Ct. App. June 30, 2015) (mem. dec.), trans. pending. Miller has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a June 30th NFP opinion.
- 9:45 AM - Adam M. Horton v. State of Indiana (79S02-1510-CR-628) A jury found Horton guilty of domestic battery. Count IV charged the offense should be enhanced to a Class D felony because Horton had a prior conviction for domestic battery. Defense counsel informed the Tippecanoe Superior Court this count would be tried to the bench. The prior conviction had occurred in the same trial court. To prove the prior conviction, the State presented certain evidence and on the State’s motion, the trial court took judicial notice of its file in the prior case. The trial court found Horton guilty of the Class D felony and sentenced him accordingly. The Court of Appeals affirmed in Horton v. State, No. 79A02-1410-CR-765 (Ind. Ct. App. Jul. 28, 2015) (mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB:This was a July 28th NFP opinion of the COA that concluded "... we conclude that Horton knowingly, voluntarily, and intelligently waived his right to a jury trial on his Class D felony enhancement". .
- 10:30 AM - In Re: the Marriage of Amy Steele-Giri v. Brian K. Steele (45A04-1412-DR-600) Mother petitioned the Lake Superior Court seeking primary physical custody of child, and father objected. The trial court denied mother’s petition. The Court of Appeals reversed. Steele-Giri v. Steele, __ N.E.3d __ (Ind. Ct. App. 2015), trans. pending. Father has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a July 29th 2-1 CPA opinion. The dissent concludes: " Based on this evidence, I believe this is the very circumstance in which long-standing precedent requires us to defer to the trial court’s assessment of witnesses and to affirm the trial court’s decision."
Next week's oral arguments before the Supreme Court (week of 12/7/15):
Thursday, December 10
- 9:00 AM - William Gibson v. State of Indiana (22S00-1206-DP-00360) Gibson pleaded guilty to murdering Stephanie Kirk, and the State requested a sentence of death. Following a bench trial of the penalty phase, the Floyd Superior Court sentenced Gibson to death. In this direct appeal, Gibson raises issues relating to the sufficiency of evidence supporting certain aggravating circumstances, amendment of the death penalty information, and imposition of a death sentence. A death sentence imposed in connection with the murder of another woman was affirmed on September 24, 2015, in Gibson v. State, No. 22S00-1206-DP-359, ___ N.E.3d ___, 2015 WL 5612775, reh’g pending.
- 10:05 AM - April Goodwin, et al. v. Yeakle's Sports Bar and Grill, Inc. (27S02-1510-CT-00627) Patrons who were shot inside a bar sued the bar for negligence in failing to protect them from the third-party shooter, but when the bar sought summary judgment on the grounds that it owed the patrons no duty of care because the shooting was not foreseeable, the Grant Superior Court granted the bar summary judgment. The Court of Appeals reversed and remanded for further proceedings. Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 28 N.E.3d 310 (Ind. Ct. App. 2015), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 10:50 AM - S. Holt Road Holdings v. Holt Road, LLC (49S02-1510-MF-00630) In the context of a foreclosure proceeding, the Marion Superior Court ordered that the borrowers were entitled to retain a refund they received for overpayment of taxes on the mortgaged property. The Court of Appeals reversed, finding the lender should receive the refund. 2513-2515 South Holt Road Holdings, LLC v. Holt Road, LLC, et al., __ N.E.3d __ (Ind. Ct. App. 2015), trans. pending. Borrowers have petitioned the Supreme Court to accept jurisdiction over the appeal.
Webcasts of Supreme Court oral arguments are available here.
This 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)]
- 12:00 PM - Rhodes v. State (49A02-1503-CR-173) Chauncy Rhodes appeals his convictions for Class A misdemeanor possession of marijuana and Class D felony possession of marijuana with a prior conviction for a drug offense. Rhodes argues that the trial court abused its discretion when it denied his motion to suppress and his continued objections to the admission of the evidence that was found as a result of an inventory search of his car because the search violated his rights under the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution. Additionally, Rhodes argues that his convictions for possession of marijuana violate double jeopardy because they both occurred as part of the same criminal transgression.
The Scheduled Panel Members are: Judges May, Barnes and Crone. [Where: New Prairie High School,
5333 N. Cougar Road,
NNew Carlisle, IN 46552]
- 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)]
Monday, December 7
- 1:00 PM - State v. J.S. (16A04-1503-MI-89) Effective July 1, 2013, the Indiana General Assembly adopted a law allowing for the expungement of certain convictions from an individual's criminal record if the individual meets certain requirements. On Feb. 27, 2014, J.S., who held a commercial driver's license, petitioned to have his April 6, 2009 convictions for Class A misdemeanor operating a vehicle while intoxicated and Class A misdemeanor resisting law enforcement expunged. In doing so, the trial court prohibited the Indiana Bureau of Motor Vehicles ("BMV") from disclosing J.S.'s now-expunged operating while intoxicated conviction to the Commercial Driver's License Information System ("CDLIS") as is required by existing federal and Indiana law. This appeal involves the questions of whether (1) the portion of the trial court's order which prohibits the BMV from complying with existing federal and Indiana law is consistent with the General Assembly's intent and (2) subsequent amendments made to Indiana's Expungement Law by the General Assembly, which require the BMV to comply with the existing federal and Indiana laws in question, should apply retroactively to J.S.'s case. The Scheduled Panel Members are: Judges Kirsch, Bradford and Altice. [Where: Ben Davis High School, 1200 N. Girls School Road, Indianapolis, IN 46214
Tuesday, December 8
- 2:00 PM - Duermit v. Odyssey Healthcare, Inc. (29A02-1503-PL-146) Appellant-Defendant Jeffrey E. Duermit challenges the issuance of a preliminary injunction in favor of his former employer, Plaintiff-Appellee Odyssey Healthcare, Inc. Following the termination of his employment with Odyssey Healthcare, Duermit was hired by an Odyssey Healthcare competitor, Heart to Heart Hospice of Central Indiana, LLC. Odyssey Healthcare subsequently sued Duermit for violating his non-competition agreement and for disclosing trade secret and other confidential information. Duermit now claims that the trial court improperly issued an injunction because Odyssey Healthcare waived its right to enforce the restrictive covenants of his non-competition agreement and because Odyssey Healthcare did not satisfy the minimum criteria for establishing a claim under Indiana's Uniform Trade Secrets Act. The Scheduled Panel Members are: Judges Najam, Riley and Robb. [Where: Court of Appeals courtroom (WEBCAST)]
Wednesday, December 9
- 1:00 PM - Sharpsville Community Ambulance v. Gilbert (34A05-1503-CT-101) Sharpsville is a private, nonprofit entity that provides emergency-only ambulance services to the Sharpsville Community in Tipton County. It is staffed entirely by volunteers. After a Sharpsville ambulance got into a car accident, the driver of the other vehicle sued Sharpsville for her injuries. The trial court granted partial summary judgment in favor of the driver, finding that because Sharpsville is a private entity, it is not entitled to the protections of the Indiana Tort Claims Act. Sharpsville brings an interlocutory appeal of that ruling. The Scheduled Panel Members are: Judges Baker, Bradford 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 November 30, 2015 08:58 AM
Posted to Upcoming Oral Arguments