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Monday, October 06, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Oct. 9th:

9:00 AM - State v. Chad Arnold - The Marion Superior Court ordered the police to expunge Arnold's arrest record, see Ind. Code section 35-38-5-1, and the Court of Appeals affirmed in State ex rel. Indiana State Police v. Arnold, 881 N.E.2d 1105 (Ind. Ct. App. 3/11/2008), vacated. (See ILB summary here.) The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney for State: David L. Steiner, Indianapolis, IN. Attorney for Arnold: Jason Glenn Reyome, Indianapolis, IN.

9:45 AM - Tony Gray v. State of Indiana - Following a jury trial in the Clark Circuit Court, Gray was convicted of robbery and confinement as Class B felonies pursuant to Indiana Code §35-42-5-1 and 35-42-3-3 ("while armed with a deadly weapon"). The Court of Appeals affirmed in a memorandum decision, Gray v. State, No. 10A01-0708-CR-356 (Ind. Ct. App. Jun. 6, 2008), vacated. (COA opinion here.) The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorneys: For Appellant: Jeffrey D. Stonebraker, Jeffersonville, IN; For Appellee: Jodi Kathryn Stein, Indianapolis, IN.

10:30 AM - Richard Pendergrass v. State of Indiana - The St. Joseph Superior Court admitted several exhibits and related testimony concerning DNA test results over the defendant’s objection that the evidence constituted hearsay under Indiana Evidence Rule 803 and violated his Sixth Amendment right to cross-examine witness under Crawford v. Washington, 541 U.S. 36 (2004). The Court of Appeals affirmed in Pendergrass v. State, 889 N.E.2d 861 (Ind. Ct. App. 7/8/2008), vacated. (See ILB discussion here.) The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorneys: For Appellant: Jeffrey E. Kimmell, South Bend, Indiana; For Appellee: J. T. Whitehead, Indianapolis, Indiana

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 Wednesday, Oct. 8th:

9:00 AM - Jerry M. and Patti A. Weida vs. City of West Lafayette - The Weidas appeal the trial court's Order determining that they violated certain provisions of the West Lafayette City Code relating to the occupancy of rental property. They present six issues for our review, ranging from the trial court's interpretation of the City's ordinance to the trial court's award of costs in favor of the City of West Lafayette. The Scheduled Panel Members are: Judges Riley, Bailey and Bradford. [Where: Indiana Court of Appeals Courtroom] [Note: for much more on this case, see this ILB entry from Oct. 4th.]

Posted by Marcia Oddi on October 6, 2008 07:49 AM
Posted to Upcoming Oral Arguments