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Monday, November 26, 2007

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Nov. 29th:

9:00 AM - Timothy Creech v. State - Creech pleaded guilty in the Huntington Circuit Court to child molesting as a Class C felony. Creech’s plea agreement specified that he waived his right to appeal if the sentence was within the range agreed to. Creech was sentenced to six years, a term within the range; Creech appealed. In an unpublished memorandum decision, the Court of Appeals held that the plea agreement meant Creech had waived his right to a direct appeal of the sentence. Creech v. State, No. 35A02-0612-CR-1140, slip op. (Ind. Ct. App. Aug. 6, 2007) (NFP), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Creech: Darren Bedwell, Indianapolis, IN. Attorney for State, Zachary Stock, Indianapolis, IN.

9:45 AM - State v. Karl D. Jackson - Jackson was charged with operating a vehicle after being adjudged an habitual traffic violator. See Ind. Code § 9-30-10-16. The Hamilton Superior Court acquitted Jackson, and the Court of Appeals affirmed in State v. Jackson, 864 N.E.2d 431 (Ind. Ct. App. April 22, 2007), vacated. [See ILB entry here, 3rd case] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney State of Indiana: Cynthia L. Ploughe
Indianapolis, For Karl D. Jackson: Lawrence M. Hansen. Fishers, IN.

10:30 AM - David Green v. State - Green was convicted of murdering his pregnant wife and her unborn son. Green’s pretrial statement to police, given after the State agreed it would not pursue the death penalty against Green, was admitted at trial over Green’s objection. At sentencing, the Lake Superior Court stated the mitigating circumstances outweighed the aggravating circumstances, imposed minimum forty-five year sentences for each murder conviction, and ordered the sentences to be served consecutively. The Court of Appeals affirmed for reasons explained in Green v. State, 870 N.E.2d 560 (Ind. Ct. App. July 27, 2007), vacated [see ILB entry here]. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Green: Marce Gonzalez, Jr., Dyer, IN; Samuel Cappas, Highland, IN. Attorney for the State: Matthew D. Fisher, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Thursday, Nov. 29th:

1:15 PM - Lavern Baltimore v. State of Indiana - Jury trial found defendant guilty of Burglary Resulting in Bodily Injury, Class A felony and Sexual Battery, Class D felony. The Court is asked to decide four questions: Whether the trial court abused its discretion by permitting the deaf victim’s sign language interpreter to testify regarding the victim’s difficulty communicating; whether the evidence presented at trial was sufficient to sustain Mr. Baltimore’s burglary resulting in bodily injury conviction; whether Mr. Baltimore’s convictions for sexual battery and burglary resulting in bodily injury violate the Indiana Double Jeopardy Clause; and whether Mr. Baltimore’s fifty-three year sentence is inappropriate in light of the nature of the offenses and his character. Arguing for the appellant, Mr. Baltimore, will be Matthew McGovern of Evansville; Deputy Attorney General Monika Talbot will argue for the State of Indiana. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and May. [Where: Jasper High School, Jasper, Indiana]

This Friday, Nov. 30th:

1:00 PM - Jerry and Becky French vs. State Farm Fire & Casualty Insurance Company - Jerry and Becky French appeal the trial court's order granting summary judgment in favor of Jane Hodson on the Frenches' claim of negligent advice and procurement of insurance. In 2002 the Frenches purchased a manufactured home and obtained insurance from State Farm through Hodson. Thereafter, the Frenches' home was destroyed by a fire, and the Frenches filed suit against State Farm and Hodson. All parties moved for summary judgment, which the trial court granted in favor of Hodson. On appeal, the Frenches challenge the scope of their coverage under their insurance contract and whether the trial court erred in granting summary judgment to Hodson. The Scheduled Panel Members are: Judges Najam, Mathias and Bradford.

Posted by Marcia Oddi on November 26, 2007 07:28 AM
Posted to Upcoming Oral Arguments