Wednesday, March 02, 2005
Ind Decisions - State Supreme Court to hear Armstrong case arguments
According to this story in the Princeton Daily Clarion, the Indiana Supreme Court has granted transfer in the case of Michael Armstrong v. State of Indiana, where the issue was, according to this ILB entry from 11/24/04: When a passenger jumped from defendant Armstrong's moving vehicle and was injured as a result, was Armstrong involved in an accident for purposes of IC 9-26-1-1, triggering the duties under that statute? Some quotes from today' story:
PRINCETON-The office of Gibson County Prosecutor Robert Krieg announced Tuesday that the Indiana Supreme Court has agreed to hear oral arguments April 7 in the case of Michael Armstrong.
Krieg made a request Dec. 1, 2004 to Indiana Attorney General Steve Carter that his office petition the state's highest court to hear arguments in the case, after the Indiana Court of Appeals reversed a Gibson County Superior Court's decision on an interlocutory appeal filed by Armstrong's attorney.
Armstrong was charged with leaving the scene of an accident involving death, in connection with the May 2003 death of Craig Mobley.
Mobley was a passenger in a vehicle driven by Armstrong, from which Armstrong claims Mobley jumped after he accused Mobley of burglarizing his home. Armstrong left the scene but returned an hour later in a different vehicle.
According to autopsy reports, Mobley's injuries were consistent with a fall from the vehicle. * * *
The appellate court agreed with Penrod's opinion that a vehicle did not need to strike an object or a person for the law to apply. But in its reversal of Penrod's decision it said that its interpretation of the law could not be applied to Armstrong because a person must have fair notice that their actions may be deemed criminal before they act.
After the appellate's court decision Nov. 23, 2004 to reverse [Gibson County Superior Judge Earl Penrod's] ruling, Krieg decided to seek a Supreme Court hearing on the question. * * *
The court agreed to hear the arguments at 9:45 a.m. April 7 and notified Arnaez of its decision, according to the prosecutor's office.
Posted by Marcia Oddi on March 2, 2005 04:57 PM
Posted to Ind. Sup.Ct. Decisions