Monday, January 25, 2016
Ind. Decisions - Upcoming oral arguments this week and nextThis week's oral arguments before the Supreme Court (week of 1/25/16):
Thursday, January 28
- 9:00 AM - City of Beech Grove v. Cathy J. Beloat (49A02-1409-CT-605) Beloat brought a negligence action against the City for injuries suffered after she stepped in a pothole and fell while crossing the street. The Marion Superior Court denied the City’s motion for summary judgment. A divided panel of the Court of Appeals reversed and remanded, the majority holding that the City was entitled to discretionary function immunity under the Indiana Tort Claims Act. City of Beech Grove v. Beloat, 39 N.E.3d 691 (Ind. Ct. App. 2015), trans. pending. Beloat has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: From the dissent to this 2-1 July 16, 2015 COA opinion: "In short, simply filling a pothole does not strike me as the kind of “piecemeal repair” that was set aside in favor of the overall improvement project, assuming that the City in fact made the policy decision to eschew repairs of any kind. It is not a matter of repaving several feet of a lane of traffic or realigning an intersection, for example."
- 9:45 AM - Whistle Stop Inn, Inc., and Louise Liford d/b/a Thirsty Turtle v. City of Indianapolis, Mayor Greg Ballard, Indianapolis City-County Council and Hoosier Park, LLC (49A02-1407-MI-519) The City of Indianapolis passed an ordinance banning smoking in public areas with exceptions including a business with a license under Indiana Code 4-31-5.5 to operate a satellite facility, commonly referred to as an off-track betting facility, or OTB. Bar owners sought to have the ordinance declared unconstitutional on grounds the exception for an OTB violates the Equal Privileges and Immunities Clause of Indiana's Constitution. The Marion Superior Court upheld the exception and entered summary judgment for the City and Hoosier Park, LLC. The Court of Appeals reversed, declaring the OTB exception unconstitutional. Whistle Stop Inn, Inc. v. City of Indianapolis, 36 N.E.3d 1118 (Ind. Ct. App. 2015), trans. pending. Hoosier Park, with the support of the City, has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a June 24, 2015 COA opinion.
- 10:30 AM - Kristy Burnell v. State of Indiana (29S02-1512-CR-707) After Burnell failed field sobriety tests, she was offered the opportunity to take a chemical test. The Hamilton Superior Court suspended her license for refusing the chemical test. See Ind. Code § 9-30-6-7(a). The Court of Appeals lead opinion held that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” The suspension was affirmed. Burnell 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 a 2-1, 3-opinion, Sept. 24 COA decision. See ILB summary here (4th case). From the majority opinion of J. Pyle: "We affirm the trial court’s order, holding, as a matter of first impression, that any answer short of an unqualified, unequivocal assent to a properly offered certified chemical test constitutes a refusal."
Friday, February 5 [now Feb. 11th]
- 9:00 AM - Kevin Ammons v. State of Indiana (45A03-1411-CR-394) Kevin Ammons petitioned the Lake Superior Court for removal of the requirement that he register as a sex offender in Indiana, contending the requirement violated his rights under the Indiana Constitution’s ex post facto clause. The trial court first granted Ammons’s petition, but later denied it after a hearing on the Attorney General’s motion to correct error. The Court of Appeals affirmed in a divided opinion. Ammons v. State, 36 N.E.3d 1079 (Ind. Ct. App. 2015). Ammons has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a 2-1, June 17, 2016 COA opinion (2nd case).
- 9:45 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.
This week's oral arguments before the Court of Appeals (week of 1/25/16):
Tuesday, January 26
- 1:00 PM - Drapeau v. State (82A01-1506-CR-616) On January 18, 2015, Blake Drapeau was arrested at his mother's apartment for attempted battery against a public safety officer; resisting law enforcement; and criminal trespass. After a bench trial, he was convicted on all three counts. On appeal, he argues there was insufficient evidence to sustain his convictions for criminal trespass and resisting law enforcement. He also argues there was a material and fatal variance between the crime of criminal trespass charged in the information and the theory and evidence of criminal trespass presented at trial. The Scheduled Panel Members are: Judges Baker, Najam and Altice. [Where: Vincennes University, Shircliff Hall, Vincennes, IN]
Next week's oral arguments before the Court of Appeals (week of 2/1/16):
- No arguments currently scheduled.
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 January 25, 2016 08:20 AM
Posted to Upcoming Oral Arguments