Monday, December 07, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This 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.
ILB:This was a March 25, 2015 COA opinion (3rd case) that begins: "This case presents yet another opportunity for Indiana’s appellate courts to clarify the Indiana test for determining whether a duty exists in a negligence action, an issue that has created confusion at every level of our judiciary. There are two tests in Indiana."
- 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.
ILB: This was a July 8, 2015 COA opinion (2nd case) where the issue was "whether the court erred in ruling that the Lender is not entitled to recover certain property tax refunds received by Borrowers. * * * [W]e reverse the trial court’s judgment awarding receipt of the Tax Refunds to Borrowers".
Thursday, December 17
- 9:00 AM - Samuel Sallee v. State of Indiana (03S00-1504-LW-00237) After a jury found Sallee guilty of four counts of murder and recommended life imprisonment without parole, the Bartholomew Circuit Court sentenced Sallee to life imprisonment without parole on each count. In this direct appeal, Sallee argues that the evidence was not sufficient to prove his guilt beyond a reasonable doubt.
- 9:45 AM - Newland McElfresh v. State of Indiana (32S01-1511-CR-00667) Following a bench trial, McElfresh was convicted in the Hendricks Superior Court of Attempted Obstruction of Justice, I.C. § 35-44.1-2-2, a class D felony, and Invasion of Privacy, I.C. § 35-46-1-15.1, a class A misdemeanor. The Court of Appeals reversed both convictions, and remanded with instructions relating to the misdemeanor conviction. McElfresh v. State, __ N.E.3d ___ (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 an August 7th COA opinion, invoking a no contact order and violation of privacy charges.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 12/7/15):
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)]
Monday, December 14
- 1:30 PM - D.A. v. State (48A02-1504-MI-215) In August of 2014, D.A. petitioned the trial court to expunge all records relating to a criminal conviction, which the trial court granted. Shortly after the trial court granted D.A.'s petition, he filed a petition for "additional expungement" of the records of a civil forfeiture proceeding that had followed from his now-expunged conviction. The trial court denied D.A.'s additional request. D.A. appeals and presents a question of first impression, namely, whether Indiana's expungement statutes apply to civil forfeiture proceedings. The Scheduled Panel Members are: Judges Najam, Kirsch and Barnes. [Where: Court of Appeals courtroom (WEBCAST)]
Tuesday, December 15
- 1:30 PM - KS&E Sports v. Runnels (49A02-1501-CT-42) In this interlocutory appeal, KS&E Sports and Edward Ellis (collectively, "KS&E") appeal the trial court's order denying their motion for judgment on the pleadings pursuant to Indiana Trial Rule 12(c). Dwayne Runnels, a police officer shot in the line of duty, filed various tort claims against KS&E, a firearms seller, for damages resulting from an alleged unlawful straw sale of a handgun, which was used in the police shooting. After answering the complaint, KS&E sought dismissal pursuant to Ind. Code 34-12-3-3(2), claiming immunity from suit for the recovery of damages resulting from the criminal misuse of a firearm by a third party. Runnels, as well as various local, state, and national amici curiae, argue in support of the trial court's denial of the motion. 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 December 7, 2015 08:20 AM
Posted to Upcoming Oral Arguments