Monday, August 11, 2008
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court, including plea agreements, right to speedy trial:
This Thursday, Aug. 14th:
9:00 AM - Bruce Wayne St. Clair, Jr. v. State - After the Steuben Superior Court accepted a plea agreement and imposed sentence, the appellant initiated an appeal to which the State objected, in part, on grounds appellant had agreed to a “fixed plea” which cannot be challenged by direct appeal. The Court of Appeals reversed, deciding a direct appeal was available because the plea had been “open” and remanded for resentencing because the appellant “had not received the benefit of his bargain.” St. Clair v. State, 880 N.E.2d 1213 (Ind. Ct. App., 2/20/2008), vacated. (See ILB summary of the 2-1 opinion 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. For Appellant: Kimberly A. Jackson, Indianapolis, IN. For Appellee: Ellen H. Meilaender, Indianapolis, IN.
9:45 AM - Robert Jeffrey Pelley v.State - After the State’s interlocutory appeal of an evidentiary ruling became final, the St. Joseph Superior Court denied Pelley’s motion for discharge pursuant Criminal Rule 4(C), and a jury subsequently found Pelley guilty of murder. The Court of Appeals reversed, holding that the State’s interlocutory appeal was chargeable to the State for purposes of the speedy trial rule and therefore Pelley was entitled to discharge. Pelley v. State, 883 N.E.2d 874 (Ind. Ct. App., 4/8/2008). (See ILB summary of the 2-1 deccision here.) The State has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorneys: For Appellant: Stacy R. Uliana Indianapolis, IN. For Appellee: Jodi Kathryn Stein, Indianapolis, IN.
Webcasts will be available here.
This week's oral arguments before the Court of Appeals that will be webcast:
This week's oral arguments before the Court of Appeals that will NOT be webcast:
This Tuesday, Aug. 12th:
10:30 AM - French-Tex Cleaners, Inc., vs. Towne Management Co. & Cafaro Co. - Pursuant to a lease agreement, French-Tex Cleaners, Inc. ("French-Tex") agreed to pay Towne Management Company ("Towne") a pro-rata share of the "Real Estate Tax Expense" for Towne's Muncie shopping plaza. Towne billed French-Tex through Towne's property management company, Cafaro Company ("Cafaro"), for more taxes than Towne paid. In this interlocutory appeal, French-Tex contends that the trial court erred in: (1) ruling that the facts did not support that Towne and Cafaro had the requisite mens rea necessary for criminal conversion; and 2) dismissing Cafaro as a party to this contract dispute. Towne cross-appeals and claims that it billed French-Tex at the agreed upon rate. The Scheduled Panel Members are: Judges Kirsch, Bailey and Brown. [Where: Indiana Court of Appeals Courtroom]
This Wednesday, Aug. 13th:
1:30 PM - David L. Green vs. State of Indiana - Appellant, David L. Green, by counsel, has filed a Verified Motion to Accept Jurisdiction of Interlocutory Appeal. The Court, having reviewed Appellant's Verified Motion, has concluded that Oral Argument will assist this Court in determining whether to grant or deny it. [Where: Indiana Court of Appeals Courtroom]
Posted by Marcia Oddi on August 11, 2008 06:21 AM
Posted to Upcoming Oral Arguments