Monday, April 25, 2016
Ind. Decisions - Upcoming oral arguments this week and nextThis week's oral arguments before the Supreme Court (week of 4/25/16):
- No oral arguments currently scheduled
Next week's oral arguments before the Supreme Court (week of 5/2/16):
Wednesday, April 20
- 9:00 AM - Cynthia Bell v. State of Indiana (49A02-1504-CR-234) Bell was convicted of criminal mischief and ordered to pay restitution as a condition of her probation. A divided panel of the Court of Appeals affirmed the restitution order, the majority concluding the trial court did not abuse its discretion in determining Bell had the ability to pay. Bell v. State, No. 49A02-1504-CR-234 (Ind. Ct. App. Feb. 2, 2016) (mem. dec.), trans. pending. Bell has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a 9-page, 2-1, NFP, Feb. 2, 2016 COA decision.
- 9:45 AM - State of Indiana v. Frank Hancock (39S05-1604-CR-182) The Jefferson Superior Court dismissed two counts of possession of a firearm by a serious violent felon after concluding that Hancock’s prior conviction for residential burglary in Ohio was not “substantially similar” to residential burglary in Indiana. When the State appealed, the Court of Appeals affirmed the dismissal. State v. Hancock, --- N.E.3d ---, 2016 WL 275308 (Ind. Ct. App. 2016), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Jan. 22, 2016 COA opinion that concluded "it is clear that the Ohio and Indiana residential burglary statutes are not substantially similar as a matter of law."
This week's oral arguments before the Court of Appeals (week of 4/25/16): Wednesday, April 27
- 2:00 PM - City of Lawrence, et al v. Curry (49A02-1506-CT-699) In 2009, Carlton Curry was appointed to be the Director/Superintendent of the City of Lawrence Utility Services Board (USB). After a new mayor was elected in November 2011, the new mayor's chief of staff informed Curry that his services were no longer required. Curry sued the city, the mayor and the USB for multiple claims. The trial court granted summary judgment in Curry's favor for his wrongful discharge claim (under the utility superintendent statute) and in the defendants' favor for the wage payment statute, and denied summary judgment on the intentional interference with employment relationship claim, which is still pending. The defendants appeal and Curry cross appeals. The Scheduled Panel Members are: Judges Baker, May and Brown. [Where: Court of Appeals courtroom (WEBCAST)]
- 1:00 PM - Warfield v. Dorey (49A02-1503-PL-164) Appellants-Defendants/Counterclaim Plaintiffs, Faye E. Warfield and Keyotta Warfield A/K/A Nicole Warfield (collectively, the Warfields), appeal the trial court's judgment in favor of Appellees-Plaintiffs/Counterclaim Defendants, Jim Dorey D/B/A JRD Construction Services and JRD Enterprises, LLC (Dorey) on the Warfields' claims arising from the replacement of the Warfields' roof and the repairs to their fireplace by Dorey. The Warfields present this court with four issues on appeal: 1. Whether the trial court erred in determining that the Warfields breached their contract with Dorey; 2. Whether the trial court erred in determining that Nicole Warfield acted as an agent for Faye Warfield; 3. Whether the trial court properly awarded attorney fees and pre-judgment interest to Dory; and 4. Whether the trial court properly denied the Warfields' counterclaims based on the Home Improvement Contract Act. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Wabash College, Salter Hall Fine Arts Center, Crawfordsville, IN]
- 11:00 AM - Lockhart v. State (18A02-1507-CR-00895) Jerome Lockhart was convicted of rape and sexual misconduct with a minor. On appeal, he challenges the peremptory challenge the State made to the only African-American in the jury box, the inclusion of a taped conversation with police investigators, the inclusion of DNA evidence gleaned from his saliva, the exclusion of unknown male DNA evidence, and the trial court's decision to not have portions of his taped statement redacted. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and May. [Where: Posey County Courthouse, 300 Main St., Mount Vernon, IN]
Next week's oral arguments before the Court of Appeals (week of 5/2/16):Wednesday, May 4
- 1:30 PM - Melton v. Indiana Athletic Trainers Board, et al (49A05-1508-CT-1123) Appellant Molly A. Melton appeals orders of the trial court granting a motion to dismiss and a motion for judgment on the pleadings in favor of the Indiana Athletic Trainers Board (the "Board"), dismissing Melton's Section 1983 action and her petition for judicial review challenging the Board's order indefinitely suspending her license as an athletic trainer for a period of at least seven years. At the administrative level, Melton did not contest allegations that she engaged in a consensual sexual relationship with a patient. At the hearing before the Board, Melton did not appear due to embarrassment relating to the allegations and sent counsel to appear on her behalf. The Board filed notice of proposed default because Melton did not personally appear. Later, the Board convened and entered a default and the order suspending her license. The trial court dismissed Melton's petition for review because Melton did not file the agency record with the court within the 30-day period set by IN Code Section 4-21.5-5-13. Later, the court also dismissed Melton's Section 1983 claim under IN Trial Rule 12(C). The Scheduled Panel Members are: Judges Kirsch, Mathias and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
The past COA oral arguments which have been webcast are accessible here.
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms generally will be accessible via videocast.
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 April 25, 2016 07:19 AM
Posted to Upcoming Oral Arguments