Monday, March 06, 2017
Ind. Decisions - Upcoming oral arguments this week and nextThis week's oral arguments before the Supreme Court (week of 3/6/17):
Thursday, March 9
- 10:30 AM (CST) - Danny Sims v. Andrew Pappas and Melissa Pappas (45S03-1701-CT-00026) Andrew Pappas was injured in a car accident with Danny Sims, who was drunk. Pappas and his wife sued Sims for negligence. Over Sims’ objection, the Lake Superior Court admitted evidence that he had prior alcohol-related driving convictions in 1983 and 1996. A jury awarded the Pappases $2.0 million in damages. The Court of Appeals reversed and remanded for a new trial, finding evidence of Sims’ prior convictions should not have been admitted. Sims v. Pappas, 61 N.E.3d 1285 (Ind. Ct. App. 2016), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Note: This oral argument will be held in the auditorium on the second floor of the Theodore Roosevelt College and Career Academy, 730 West 25th Avenue, Gary, Indiana at 10:30 a.m. CST.ILB: This was a 2-1, 10/13/16 COA opinion authored by J.Shepard. From the dissent: "I cannot agree, however, with the majority’s ultimate conclusion, based on an Ind. Evidence Rule 403 analysis, that the trial court abused its discretion by admitting evidence of Sims’s 1983 and 1996 prior alcohol-related offenses."
- No oral arguments scheduled.
This week's oral arguments before the Court of Appeals (week of 3/6/17):
Tuesday, March 7
- 1:00 PM - City of Indianapolis, et al. v. Richard Kaler (49A04-1604-CT-00865) This case stems from Richard Kaler’s (Kaler) bicycle crash while riding a wooden berm, constructed by the Hoosier Mountain Bike Association (HMBA), at the Town Run Trail Park, which is owned and operated by the City of Indianapolis (the City). The trial court denied HMBA’s and the City’s respective motions for summary judgment. On appeal, the HMBA and the City present the following issues for review: Whether the trial court erred in denying summary judgment in light of Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011) and its progeny; Whether Kaler failed to exercise the necessary degree of care and admitted to his contributory negligence as a matter of law; and Whether Kaler designated proper and sufficient evidence in opposition to the motions for summary judgment. The Scheduled Panel Members are: Judges Riley, Crone and Altice. [Where: Court of Appeals Courtroom (WEBCAST)]
- 10:00 AM - Roy A. DeFries, et al. v. Board of COmmissioners of Posey County, et al. (65A05-1508-MI-01249) This case involves a challenge to the Posey County Board of Commissioners’ decision to vacate a public road. On appeal, a group of remonstrators argue that the decision must be set aside because the Commissioners failed to hold a hearing within thirty days as required by statute and because the decision was arbitrary, capricious, and unsupported by the evidence. The Scheduled Panel Members are: Judges Robb, Crone and Altice. [Where: DePauw University, Greencastle]
- 10:30 AM - Town of Clear Lake v. Hoagland Family Limited Partnership (76A05-1606-PL-01241) This case involves the Town of Clear Lake attempting to compel Dan Hoagland to connect three of his properties to its sewer system. The Town points to Indiana statutes that give municipalities the authority to compel connection and punish a failure to connect (the Town’s municipal code sets the penalty at $500 per day per property, which at the time of the trial court’s last hearing amounted to $2.9 million). Hoagland responds that the municipality is only authorized to compel his connection if there is an “available” sewer, and several town officials testified that no one could connect to the sewer until after the Town had installed a grinder pump on the property. In turn, the Town argues that Hoagland should have submitted a plan for how he would connect to the sewer, and only then could the Town know where to put the grinder pump. The Scheduled Panel Members are: Judges Baker, Mathias and Pyle. [Where: Supreme Court Courtroom (WEBCAST)]
Tuesday, March 14
- 1:00 PM - Joseph Lee Pierson v. State of Indiana (89A05-1306-CR-00311) On February 5, 2012, four-month-old K.H.—Joseph Pierson’s son—passed away due to severe malnutrition. Pierson suffers from severe mental retardation. Pierson was ultimately convicted of and sentenced for class A felony neglect of a dependent resulting in death. On appeal, Pierson asks that this conviction be reversed and that a conviction for reckless homicide (which the jury also found him guilty of, but was vacated out of double jeopardy concerns) should be entered instead. Pierson argues that he could not have the requisite intent for neglect of a dependent because of his mental handicap, and that someone with his handicap cannot be legally obligated to take care of another person. Pierson also challenges the use of a video deposition of a State witness, which violated the jury’s right to ask that witness questions. Finally, Pierson argues that a State expert witness should not have been allowed to testify that an insanity defense can only be proven by demonstrating “psychosis.” The Scheduled Panel Members are: Judges Baker, Najam, and Altice. [Where: Vincennes University, Vincennes, IN]
- 6:30 PM - Thomas M. Clark v. State of Indiana (45A03-1610-CR-02300) Thomas Clark challenges his conviction for resisting law enforcement. He argues that the State failed to present sufficient evidence to prove beyond a reasonable doubt that the police ordered him to stop or that he fled from police when he was driving his car. The Scheduled Panel Members are: Judges Baker, Kirsch, and Bradford. [Where: Culver Academies, Culver, 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 March 6, 2017 07:49 AM
Posted to Upcoming Oral Arguments