Monday, November 28, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/28/16):
Thursday, December 1
- 9:00 AM - Keyaunna Hurley v. State of Indiana (49A05-1601-CR-108) After being stopped for a traffic violation, Keyaunna Hurley submitted to a chemical breath test. Hurley’s attempted blows into the test machine produced the result “insufficient sample,” and the officer administering the test determined Hurley was not cooperating and had refused to complete the test. After a hearing, the Marion Superior Court agreed. The Court of Appeals affirmed, rejecting Hurley’s argument that the Indiana Administrative Code required the officer to administer a second breath test before a refusal could be found. Hurley v. State, 56 N.E.3d 127 (Ind. Ct. App., 6/30/2016). Hurley has petitioned the Supreme Court to accept jurisdiction over the appeal.
- 9:45 AM - State of Indiana v. Wallace Irvin Smith, III (45S05-1611-CR-00572) In 2000, Wallace Smith pleaded guilty in Lake Superior Court to Class D felony theft and agreed not to ask that his felony be reduced to a misdemeanor. In 2015, after serving his sentence and completing probation, Wallace filed a motion in the trial court seeking misdemeanor treatment. The court granted Wallace’s petition, and the Court of Appeals affirmed. State v. Smith, 58 N.E.3d 224 (Ind. Ct. App. 8/2/2016), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 10:30 AM - Michael Ryan v. TCI Architects/Engineers/Contractos, Inc., et al. (49A02-1508-CT-01198) Michael Ryan, an employee of a subcontractor, was injured on the job and sued TCI, the general contractor on the construction project. The Marion Superior Court entered summary judgment for TCI. A majority of the Court of Appeals affirmed, concluding the contract between TCI and the owner, which was comprised of standard forms of the Design Build Institute of America, did not impose a duty of care on TCI for the safety of Ryan. Ryan v. TCI Architects/Engineers/Contractors, Inc., et al., 55 N.E.3d 340 (Ind. Ct. App. 5/23/2016). Ryan has petitioned the Supreme Court to accept jurisdiction over the appeal.
Next week's oral arguments before the Supreme Court (week of 12/5/16):
Thursday, December 8
- 9:00 AM - Marcus Zanders v. State of Indiana (15S01-1611-CR-00571) A Dearborn County jury convicted Marcus Zanders of robbery and unlawful possession of a firearm. A majority of the Court of Appeals reversed his convictions, concluding the warrantless seizure of historical location data compiled by Zanders’ cellular network provider violated his Fourth Amendment rights. Zanders v. State, 58 N.E.3d 254 (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 this was an Aug. 4, 2016, 2-1 COA opinion (3rd case). See news coverage here ("Police must get warrant for cell phone location data") and here ("Ind. Court Says Warrant Needed to Get Cell Tower Data").
This week's oral arguments before the Court of Appeals (week of 11/28/16):
Wednesday, November 30
- 1:30 PM - Celadon Trucking v. Wilmoth et al. (49A04-1512-PL-02104) In this class action lawsuit, Celadon Trucking Services is appealing the trial court’s grant of summary judgment in favor of a class consisting of independent contractor truck drivers. The drivers alleged that Celadon breached standardized contracts with them related to deductions Celadon made from the drivers’ compensation for fuel purchases the drivers made using a Celadon-issued Comdata card at Pilot Flying J truck stops. When making the fuel purchases, the drivers were required to pay the price displayed on the pump, and Celadon used the pump price when calculating the amount to be deducted from the drivers’ compensation for fuel purchases. However, when reimbursing Pilot Flying J for the Comdata card purchases, Celadon paid it less than the pump price. The drivers’ lawsuit sought to recover the difference between the pump price amount for fuel that was deducted from their compensation and the price that Celadon actually paid to Pilot Flying J for those purchases. The trial court agreed with the drivers’ interpretation of their contracts with Celadon and awarded judgment of over $3.3 million in damages to the drivers, plus interest. On appeal, Celadon contends that the trial court’s interpretation of the contract was erroneous. Alternatively, it contends that the contract is ambiguous and the ambiguity must be resolved at trial by a fact finder. The Scheduled Panel Members are: Judges Riley, Bailey and Barnes. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 12/5/16):Tuesday, December 6
- 1:00 PM - Michael Diaz v. State (71A03-1603-CR-629) Appellant-Defendant Michael Diaz was convicted of Level 4 felony burglary. Diaz challenges his conviction on appeal, arguing that the evidence is insufficient to sustain his conviction. In raising this argument, Diaz asserts that the evidence is insufficient to prove beyond a reasonable doubt that he broke and entered the dwelling of another with the intent to commit a felony. For its part, Appellee-Plaintiff the State of Indiana argues that the evidence is sufficient to sustain Diaz’s conviction for burglary. The Scheduled Panel Members are: Judges Baker, Robb and Bradford. [Where: Fountain Central High School, 750 US 136, Veedersburg, IN]
- 1:00 PM - Rachel Neal v. IAB Financial Bank (02A03-1604-CT-01002) Rachel Neal was injured in a collision with a car driven by Gabriel Biddle. Before the collision employees of IAB Financial Bank helped Biddle, who they suspected was intoxicated, change a flat tire. Neal argued the bank gratuitously assumed a duty toward her when it helped an intoxicated driver return to the streets. The trial court entered summary judgment for the Bank on the ground it had no duty. The Scheduled Panel Members are: Judges May, Crone and Altice. [Where: Allen County Courthouse, Fort Wayne, IN]
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 November 28, 2016 08:51 AM
Posted to Upcoming Oral Arguments