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Court of Appeals heads southeast to hear arguments

October 26, 2018

The Indiana Court of Appeals will head southeast next week to hear two oral arguments, starting with a wrongful death case.

Judges John Baker, Mark Bailey and Melissa May wear first hear argument in United Insurance v. Matheny, 18A-CT-00515 at 1 p.m. Monday at South Dearborn High School in Aurora. In its appeal, United Farm Family Mutual Insurance Company argues to reverse the trial court’s grant of summary judgment in favor of Earl Matheny, Stacy Matheny, and the estate of Phillip Preston Chase in a wrongful death suit.

The litigation stems from an incident in which Stacy, upon discovering Phillip on Earl’s property, shot Phillip in the head, killing him. Stacy was convicted of murder and the estate sued Earl and Stacy for wrongful death.

United Farm argues it is precluded from defending Earl in the wrongful death action under the intentional/criminal act exclusion portion of Earl’s insurance policy. However, Earl argues that Stacy was not a member of his household, and thus his murder of Phillip was not barred under the exclusion.

Then on Tuesday, the same judges will hear argument in Ervin v. State, 18A-CR-00965 at 1:15 p.m. at Rising Sun High School. Larry Ervin appeals his convictions of Level 5 felony criminal recklessness and Level 6 felony pointing a firearm stemming from an incident where Ervin attempted to make a citizen’s arrest of a person he believed stole his iPad.

Ervin located the iPad in a truck and blocked the intersection the truck was approaching. Ervin then exited his vehicle and ordered the driver of the truck to exit the truck. When the driver did not do so, Ervin shot at the truck seven times.  

On appeal, Ervin argues the state did not present sufficient evidence that he committed the crimes for which he was convicted because he acted in self-defense or defense of another. Additionally, Ervin contends the trial court erred when it refused to his tendered instructions on self-defense and defense of others.

 

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