Monday, September 12, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/12/16):
Tuesday, Septemeber 13
- 9:00 AM - Marvin Beville v. State of Indiana (84S01-1606-CR-00347) During discovery, the State allowed defense counsel to review a video recording of an alleged drug transaction between the defendant and a confidential informant, but the State would not provide counsel with a copy of the video to review with the defendant. The trial court denied defendant’s motion to compel discovery of the video recording. A divided panel of the Court of Appeals affirmed on interlocutory appeal. Beville v. State (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 2-1 NFP COA ruling from March 29, 2016 that was later designated "for publication" - a snippet from the dissent:
The majority finds, as argued by the State, that “after watching the video [Beville] will learn the identity of the CI.” Slip op. at 7. However, other than the State’s mere assertion, the record does not support such a conclusion. The record does not reveal that the trial court examined the video and made such a finding, and the record on appeal does not contain a copy of the video.
- 9:45 AM - ESPN, Inc., et al. v. University of Notre Dame Police Department (71S05-1606-MI-00359) A journalist and her employer filed this action seeking disclosure of certain records from a private university’s police department, and the St. Joseph Superior Court entered judgment in favor of the police department. The Court of Appeals reversed, finding the police department to be a “law enforcement agency” subject to Indiana’s Access to Public Records Act, Indiana Code sections 5-14-3-1 through -10. ESPN, Inc. and Paula Lavigne v. Univ. of Notre Dame Security Police Dep’t., 50 N.E.3d 385 (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 the March 15, 2016 COA opinion concluding that the Notre Dame Police Department does qualify as a “public agency” under APRA. See also this May 11, 2016 ILB post and this ILB list of other posts.
- 10:30 AM - In re the Adoption of S.Z.; R.W. v. C.G. (49A05-1504-AD-00163) R.W. filed a petition for adoption of minor child S.Z. in Marion Superior Court, arguing that C.G. (Mother) waived consent to the adoption by refusing to provide financial support for S.Z. for at least one year before the petition was filed. Marion Superior Court held that Mother’s consent was required, as she had provided support by purchasing clothes and other items for S.Z. during this time. The Court of Appeals reversed and remanded the case for further proceedings to determine whether adoption by R.W. was in S.Z.’s best interest. In re the Adoption of S.Z., No. 49A05-1504-AD-163 (Ind. Ct. App. February 3, 2016) (mem. dec.), reh’g denied, trans. pending. R.W. has petitioned this court to accept jurisdiction over the appeal. ILB: This is a February 3, 2016 NFP COA decision.
Next week's oral arguments before the Supreme Court (week of 9/19/16):
Thursday, September 22
- 9:00 AM - Mark Leonard v. State of Indiana (71S00-1509-LW-00539) After a change of venue from Marion County, a jury trial was held in the St. Joseph Superior Court, where Leonard was convicted of murdering two people, conspiracy to commit arson, and multiple counts of arson. Leonard received a sentence of life imprisonment without parole and a term of years. In this direct appeal, Leonard challenges his convictions and sentences.
ILB: Notice that the Court granted a motion to allot one hour for oral argument.
- 10:05 AM - Andrew Shotts v. State of Indiana (49A04-1509-CR-01347) After a bench trial, the Marion Superior Court convicted Andrew Shotts of unlawful possession of a firearm by a serious violent felon. The Court of Appeals affirmed, holding, among other things, that police did not detain Shotts in violation of his rights under the Fourth Amendment. Shotts v. State, ___ N.E.3d ___, 2016 WL 1664980 (Ind. Ct. App. Apr. 27, 2016). Shotts has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: this is an April 27, 2016 COA opinion (3rd case in list of ILB summaries)
- 10:50 AM - Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor v. Emmert Industrial Corporation, d/b/a Emmert International (49S02-1608-CT-00431) Kennedy Tank hired Emmert Industrial to transport a piece of equipment from Indiana to Tennessee. Emmert Industrial sued Kennedy Tank to collect additional expenses it incurred. The Marion Superior Court denied Kennedy Tank’s motion to dismiss the complaint. The Court of Appeals reversed, holding a federal statute establishing an eighteen-month period to file an action to collect interstate transportation charges preempts Indiana’s longer statute of limitations and bars Emmert Industrial’s complaint. Kennedy Tank & Mfg. Co., Inc. v. Emmert Indus. Corp., 53 N.E.3d 505 (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 2-1, April 22, 2016 COA opinion, holding:
The Indiana statute of limitation [10 years] on which the trial court appears to have relied is preempted by a federal statute establishing a shorter limitations period [18 months]. As Emmert did not bring its lawsuit within that period, Kennedy’s motion should have been granted, and we must therefore reverse.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/12/16):
Tuesday, September 13
- 11:00 AM - McKeen v. Turner (53A05-1511-CT-02047) Billy Turner sued Dr. Charles McKeen after Turner’s wife died while under Dr. McKeen’s medical care. Dr. McKeen filed a motion to strike one of Turner’s expert witnesses, arguing that the expert would present evidence regarding a breach of care that was not presented to the medical review panel. The trial court denied the motion to strike, and Dr. McKeen now brings this interlocutory appeal of that ruling. The Scheduled Panel Members are: Chief Judge Vaikik, Judges Baker and Najam. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 9/19/16):
- No oral arguments currently scheduled.
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms generally will be accessible via videocast.Past Court of Appeals oral arguments 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 September 12, 2016 08:40 AM
Posted to Upcoming Oral Arguments