Monday, December 12, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 12/12/16):
Thursday, December 15
- 9:00 AM - Thomas Pinner v. State of Indiana (49S02-1611-CR-00610) The Marion Superior Court denied Thomas Pinner’s motion to suppress evidence. On interlocutory appeal, a majority of the Court of Appeals reversed, holding police made an investigatory stop for which they lacked reasonable suspicion in violation of the Fourth Amendment. Pinner v. State, 59 N.E.3d 275 (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 Aug. 24, 2016 COA opinion (4th case), where the majority wrote:
As the officers did not have reasonable suspicion to stop Pinner and this was not a consensual encounter, the trial court abused its discretion when it denied his motion to suppress. As such, we reverse.
- 9:45 AM - Consumer Attorney Services v. State of Indiana (49A05-1504-PL-00274) The State filed suit against an out-of-state company and its principal member, alleging violations of four consumer protection statutes. The defendants sought summary judgment on grounds they are exempt from liability under the statutes. The trial court denied the defendants’ motion. On interlocutory appeal, the Court of Appeals affirmed in part and reversed in part, holding the company was exempt from liability on all but one of the State’s claims but that the company’s principal member was not personally exempt from liability. Consumer Attorney Services v. State, 53 N.E.3d 599 (Ind. Ct. App. 2016), trans. pending. The State has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was this was a May 23, 2016, COA opinion (3rd case).
Next week's oral arguments before the Supreme Court (week of 12/19/16):
- No oral arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 12/12/16):
Thursday, December 15
- 1:00 PM - Dennis Garner v. Gregory S. Kempf and Clerk of Vanderburgh County (Not Provided) Garner was awarded a civil judgment against Kempf in 2013. In 2015, Kempf was arrested on an unrelated criminal matter and a $5,000 bond was posted on his behalf. Garner filed a motion for proceedings supplemental seeking to attach the bond proceeds and served the Vanderburgh County Clerk with notice, along with a letter informing the Clerk that a judicial lien attached as of the date the Clerk received notice such that the Clerk could be held liable if it released the funds to anyone else. Neither Garner nor the Clerk did anything to notify the criminal court of Garner’s claim to the bond proceeds, and the criminal court subsequently ordered the funds released to Kempf’s criminal defense attorney pursuant to Kempf’s request. The Clerk complied with the criminal court’s order, and at a subsequent hearing in the civil court on his motion for proceedings supplemental, Garner argued that judgment should be entered against the Clerk in the amount of $5,000 for its failure to honor his lien. The trial court rejected this argument, reasoning that it was Garner’s duty to notify the criminal court of his claim to the bond proceeds and that he had failed to do so. Garner now appeals.
The Scheduled Panel Members are: Judges Bradford, Pyle and Altice. [Where: Court of Appeals Courtroom (WEBCAST)]
- 2:30 PM - Mario Deon Watkins v. State of Indiana (Not Provided) Mario Deon Watkins appeals his convictions for two counts of possession of a controlled substance as class A misdemeanors, possession of cocaine as a level 6 felony, possession of marijuana as a class B misdemeanor, and maintaining a common nuisance as a level 6 felony. Watkins argues that the search that led to the discovery of evidence violated the Fourth Amendment to the United States Constitution because the underlying search warrant lacked probable cause. He also contends that the trial court abused its discretion in admitting evidence discovered as a result of the search because the execution of the warrant, which included the use of a flash bang device in a room where a child was present, was unreasonable under the Indiana Constitution. The Scheduled Panel Members are: Judges Baker, May and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 12/19/16):Monday, December 19
- 11:00 AM - Michael Kent Smith v. Taulman, et al. (32A01-1605-PL-1013) TKO Graphix, a closely held business, suffered financially during the economic downtown that began in 2008. During this time, Kent Smith’s ownership in the company was significantly reduced, and eventually his employment was terminated. Smith argues that the trial court erred when it consolidated his claims that the business judgment rule does not apply to fraud or breach of fiduciary duty claims, that the trial court erred in issuing summary judgment in favor of the Appellees, and that the trial court judge should have recused herself. The Scheduled Panel Members are: Judges Baker, Bradford, and Alticed. [Where: Mississinewa High School, Gas City, IN]
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 12, 2016 09:10 AM
Posted to Upcoming Oral Arguments