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Monday, December 10, 2007

Ind. Decisions - Upcoming oral arguments this week include the questions of: whether a student's myspace.com postings are protected political speech; whether Indiana's school finance system is unconstitutional

This week's oral arguments before the Supreme Court:

This Thursday, Dec. 13th:

9:00 AM - Darryl Jeter v. State - Jeter was convicted of a 2003 murder and sentenced to life without the possibility of parole in the Lake Superior Court. In this direct appeal, Jeter raises issues relating to jury selection, witness identification at trial, and the admission of other evidence. Attorney for Jeter: P. Jeffrey Schlesinger, Crown Point, IN. Attorney for State: Kelly A. Miklos, Indianapolis, IN.

9:45 AM - A.B. v. State of Indiana - The Putnam Circuit Court adjudicated a juvenile delinquent for harassing a school official. The Court of Appeals reversed after concluding that the computer message the trial court relied on in adjudicating juvenile delinquent was constitutionally protected speech, namely, the juvenile’s criticism of a school policy regarding decorative body piercings. A.B. v. State, 863 N.E.2d 1212 (Ind. Ct. App. 4/9/2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for A.B.: James R. Recker, Indianapolis. Attorneys for the State: Steve Carter, Michael Gene Worden, Indianapolis. [Note: The ILB has had a number of entires on this case, involving whether a student's myspace.com postings are protected political speech.]

Webcasts will be available here.


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

This Wednesday, Dec. 12th:

1:30 PM - Joseph and Latanya Bonner, et al vs. Mitch Daniels, et al - Appellants present the question, as an issue of first impression, whether Indiana's Constitution imposes an enforceable duty on the State to provide a quality education to its public school students and whether that duty is satisfied. This matter comes before us as an appeal to the trial court's grant of appellees' Motion to Dismiss Appellants' Class Action Complaint, which asserts that Indiana's system of financing elementary and secondary public school education violates the Education Clause, the Due Process Clause, and the Equal Protection Clause of the Indiana Constitution. The National ACCESS Network, the Education Law Center, and the Rural School and Community Trust, Inc., have requested to appear as Amici Curiae. The Scheduled Panel Members are: Judges Sharpnack, Friedlander and Riley. [Where: Supreme Court Courtroom] [Note: this is the much-heralded Indiana school finance case, which then-Marion Superior Court Judge Cale Bradford (now COA judge) dismissed Jan. 29, 2007. See this 1/30/07 ILB entry for details, includng a link to the trial court opinion.]

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

None scheduled

Posted by Marcia Oddi on December 10, 2007 08:31 AM
Posted to Upcoming Oral Arguments