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Monday, May 12, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, May 15th:

9:00 AM - Anthony A. Hopkins v. State of Indiana - Hopkins was previously convicted of several offenses and found to be an habitual offender. See Hopkins v. State, 759 N.E.2d 633 (Ind. 2001); Hopkins v. State, No. 49A02-0209-CR-780, slip op. (Ind. Ct. App. Sept. 30, 2003), trans. denied (Ind. Jan. 8, 2004). Hopkins admitted the elements in the habitual offender charge; the trial court did not advise Hopkins of certain rights discussed in Boykin v. Alabama, 395 U.S. 238, 243 (1969). In post-conviction proceedings, the Marion Superior Court determined that Hopkins' admission was not tantamount to a guilty plea, and denied post-conviction relief. The Court of Appeals reversed in Hopkins v. State, No. 49A05-0705-PC-279 (Ind. Ct. App. Dec. 31, 2007), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorney for Hopkins: Cassandra J. Wright, Indianapolis, IN. Attorney for State: Ellen H. Meilaender, Indianapolis, IN.

9:45 AM - Todd Jensen v. State & Richard Wallace v. State - Richard Wallace v. State: In 1989, Wallace pleaded guilty to an offense against a child. After having served his sentence, he was informed that he was required to register for life as a sex offender, and following a jury trial, the Marion Superior Court entered a judgment of conviction for the class D felony of failing to register. The Court of Appeals rejected Wallace’s arguments that the duty to register violated the prohibition against ex post facto laws, and affirmed the conviction in Wallace v. State, 878 N.E.2d 1269 (Ind. Ct. App. Jan. 9, 2008), vacated. [See ILB summary here - 2nd case.] The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorney for Wallace: Kathleel Sweeney, Indianapolis, IN. Attorney for State: Zachary Stock, Indianapolis, IN.

Todd Jensen v. State: In 2000, Jensen pleaded guilty in the Allen Superior Court to various offenses against children, and was required to register as a sex offender for a period of 10 years pursuant to the statute then in effect. In 2006, after Jensen had been released from probation, the trial court determined that Jensen must register for life pursuant to changes in the registration statutes. The Court of Appeals reversed on grounds that imposition of a lifetime registration requirement in Jensen’s case violated the prohibition against ex post facto laws. Jenson v. State, 878 N.E.2d 400 (Ind. Ct. App. 2008), vacated. [The ILB entries on the Dec. 26, 2007 COA decision are here, here and here.] The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorneys for Jensen: Randall Hammond, Randy Fisher, Fort Wayne, IN. Attorney for State: J.T. Whitehead, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals

None scheduled

Posted by Marcia Oddi on May 12, 2008 08:01 AM
Posted to Upcoming Oral Arguments