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Monday, May 04, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/4/09):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 5/11/09):
Thursday, May 14th
- 9:00 AM - Cornelius Cooper v. State of Indiana - The Marion Superior Court revoked Cooper's probation, and several months later denied Cooper's motion to reconsider. In this appeal from the denial of the motion to reconsider, the Court of Appeals reversed and remanded, finding Cooper is entitled to a probation revocation hearing. Cooper v. State, 894 N.E.2d 993 (Ind. Ct. App. Oct. 6, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of Oct. 6, 2008 COA opinion here, 2nd case.]
- 9:45 AM - Clay City Consol. Sch. Corp. v. Ronna Timberman - Ronna Timberman and John Pipes II filed a child wrongful death action against the Clay City Consolidated School Corporation after their thirteen-year-old child collapsed during basketball practice and died. A jury returned a verdict for the parents. The Court of Appeals reversed and remanded for a new trial. Clay City Consol. Sch. Corp. v. Timberman, 896 N.E.2d 1229 (Ind. Ct. App. Dec. 2, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of Dec. 2, 2008 COA opinion here, 2nd case.]
- 10:30 AM - In re Termination of the Parent-Child Relationship of J.M. - The Allen County Department of Child Services filed a petition to involuntarily terminate the parental rights of J.M.'s mother and father, who at the time were both incarcerated. The court denied the petition to terminate parental rights. The Court of Appeals reversed. In Re Termination of the Parent-Child Relationship of J.M., 895 N.E.2d 1228 (Ind. Ct. App. 2008), vacated. Father petitioned for rehearing on grounds he recently was released from prison. The Court of Appeals denied rehearing. Id., Cause No. 02A05-0807-JV-416, unpublished order, (Ind. Ct. App. Jan. 6, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of Nov. 5, 2008 COA opinion here - 3rd case. Also, Nov. 7th press story here and Nov. 11th editorial here. Note: Both Appellees A.S. and A.M. were granted transfer.]
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 5/4/09):
Tuesday, May 5th:
- 1:30 PM - Eric Dowdell vs. City of Jeffersonville - Whether Jeffersonville can enforce an ordinance prohibiting all persons defined as sex offenders from ever having unrestricted access to their parks. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Barnes. [Where: Court of Appeals Courtroom - Webcast (which will be accessible here)]
Wednesday, May 6th:
- 3:00 PM - U.S. Bank, NA vs. Integrity Land Title Corporation & Michael Davidson - During the course of a February 2006 real estate transaction, Integrity Land Title Corp. contracted with a third party to perform a title search, which failed to report the existence of a 1998 judgment lien against the title holder. Southern National Title Insurance Company issued a title insurance policy to the mortgage holder, which subsequently assigned the mortgage to U.S. Bank, NA. In August 2006, the judgment creditor filed a complaint to enforce and foreclose the judgment lien against the real estate. In February 2008, the trial court granted summary judgment in favor of the judgment creditor, leaving U.S. Bank's mortgage completely unsecured. In December 2007, U.S. Bank filed suit against Integrity and Southern National, which has since been liquidated, alleging contract and tort theories of liability. U.S. Bank and Integrity filed cross motions for summary judgment. On September 2, 2008, the trial court denied U.S. Bank's motion and granted Integrity's motion. On September 26, 2008, U.S. Bank filed a motion to correct error pursuant to Indiana Trial Rule 59 and a motion for relief from judgment pursuant to Indiana Trial Rule 60 based on newly discovered evidence of alleged misrepresentations made by Integrity's president. In support of its motions, U.S. Bank attached an affidavit from its counsel and a deposition of Integrity's president. Integrity filed a statement in opposition and a motion to strike the affidavit and the deposition. On October 20, 2008, the trial court denied U.S. Bank's motions and granted Integrity's motion to strike. On appeal, U.S. Bank challenges the trial court's granting of Integrity's motion to strike and its determination that Integrity owed no duty to U.S. Bank either in contract or in tort. The Scheduled Panel Members are: Judges Robb, May and Crone. [Where: Vienna Ballroom, Conrad Hotel, 50 W. Washington Street, Indianapolis]
- 1:30 PM - Columbus Medical Services vs. Liberty Healthcare Corporation - Appellant, Columbus Medical Services, appeals the judgment entered in favor of Appellee, Liberty Healthcare Corporation, awarding Appellee attorney fees and costs. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Crone. [Where: Court of Appeals Courtroom - Webcast (which will be accessible here)]
- 10:00 AM - Edward Rose of Indiana vs. Metropolitan Board of Zoning Appeals, et al - Edward Rose of Indiana, LLC filed a variance of development standards petition requesting a variance to legally establish an identification/informational pole sign that already existed on its property. The Metropolitan Board of Zoning Appeals denied the petition for failure to meet the burden of proof as to the three statutory criteria found in Indiana Code section 36-7-4-918.5(a). Edward Rose appealed the BZA's decision to the trial court, which held that Edward Rose had satisfied two of the three statutory criteria but had failed to prove the third. Edward Rose appeals the trial court's finding that it had failed to prove that strict application of the zoning ordinance would "result in practical difficulties in the use of the property." The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb. [Where: Richardson Chapel, on the campus of Franklin College, 101 Branigan Boulevard, Franklin, Indiana,]
Thursday, May 12th:
- 10:30 AM - Carlton Davis vs. State of Indiana - While Carlton Davis was out of town, local police received a call from a neighbor concerning a foul stench emanating from Davis's property as well as the health of the numerous dogs on the property. The responding officer walked the property and found what was later determined to be an animal carcass in the bed of a pickup truck on the property. He also found twelve dogs that appeared to be malnourished and chained outside without food or water. The officer called his superior, who in turn called the local police investigator specializing in animal abuse. When the investigator arrived, she walked the property and interviewed neighbors. She then used this information to obtain a warrant to seize the dogs and search the house, a red shed and a white building on the property. Evidence from this search was used in a jury trial that resulted in convictions against Davis for eight counts of Promoting Animal Fighting Contests, twelve counts of Cruelty to an Animal, Purchasing or Possessing an Animal for an Animal Fighting Contest, and Possession of Animal Fighting Paraphernalia. Davis argues on appeal that the trial court erred in admitting the evidence from the search because the search warrant was invalid for several reasons; one being that the investigator searched his property in violation of his Fourth Amendment rights. He also challenges the admission of other evidence based on Trial Rule 404(b), evidence of other crimes, wrongs or acts.. The Scheduled Panel Members are: Judges Bailey, Mathias and Barnes. [Where: Court of Appeals Courtroom - Webcast (which will be 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 May 4, 2009 09:02 AM
Posted to Upcoming Oral Arguments