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Monday, February 06, 2017
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/6/17):
- No oral arguments currently scheduled.
Thursday, February 16
- 9:00 AM - Bob Leonard v. State of Indiana (02S00-1604-LW-00185) After a change of venue from Marion County, a jury trial was held in the Allen 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 murder convictions and life sentence.
This week's oral arguments before the Court of Appeals (week of 2/6/17):
- No oral arguments currently scheduled.
Wednesday, February 15
- 1:00 PM - Admiral Insurance Company v. Joseph Banasiak, et al. (45A05-1604-PL-00859) In April 2014, the Estate of Dr. Zadeh filed a complaint for declaratory judgment, argued that Admiral was obligated to satisfy any award imposed against Dr. Zadeh due to his alleged negligence because it failed to notify the Commissioner of the Indiana Department of Insurance of the early cancellation of the policy, and requested the court to declare that Admiral was required to defend and indemnify Dr. Zadeh against the claims asserted by Muehlman. In May 2015, Admiral filed a motion for summary judgment and argued that the Estate’s complaint for declaratory judgment was untimely filed under the policy, that Dr. Zadeh had failed to provide timely notice of Muehlman’s claim to Admiral, and that Ind. Code § 34-18-13-4 did not render ineffective the policy’s reporting and notice provisions. The trial court found that the cancellation of the policy was ineffective as to Muehlman’s claim because Admiral failed to comply with Ind. Code § 34-18-13-4, denied Admiral’s motion for summary judgment, and granted the Estate’s request for declaratory judgment. Admiral now appeals. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Bradford and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
- 10:00 AM - Roman Allen v. State of Indiana (87A05-1606-CR-01277) Roman Allen challenges his conviction for resisting law enforcement. He argues that the State failed to present sufficient evidence to prove beyond a reasonable doubt that he forcibly resisted arrest. He also argues that if he did resist arrest, he was privileged to do so because the arresting officers used excessive force against him. The Scheduled Panel Members are: Judges Baker, Robb and Altice. [Where: Ivy Tech Community College, Indianapolis Culinary and Conference Center, 2820 N. Meridian St., Indianapolis, IN 46208]
- 1:30 PM - Angel Shores Mobile Home Park, Inc. v. Crays, et al. (79A02-1605-CT-01106) Angel Shores Mobile Home Park, Inc. appeals the award of attorney’s fees and costs to John and Megan Crays under the Child Wrongful Death Act (CWDA). Angel Shores argues the award is not authorized under the CWDA. The Crays argue the attorney’s fees and costs were allowed under the CWDA, or, in the alternative, Angel Shores’ appeal should be dismissed because both parties signed an Agreed Stipulation indicating they would not appeal the trial verdict. In response, Angel Shores argues the attorney’s fees and costs were not covered by the Agreed Stipulation. The Indiana Trial Lawyers Association has filed an amicus brief in support of the inclusion of attorney’s fees and costs under the CWDA. The Scheduled Panel Members are: Judges Najam, Bailey, and May. [Where: Court of Appeals Courtroom (WEBCAST)]
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 February 6, 2017 09:00 AM
Posted to Upcoming Oral Arguments