Monday, April 20, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/20/09):
Thursday, April 23rd
- 9:00 AM - Che B. Carter v. State of Indiana - Carter was convicted of attempted murder and other offenses committed in 1990. In 2008, the Marion Superior Court denied post-conviction relief. The Court of Appeals reversed on grounds the attempted murder jury instruction was “fundamentally erroneous” and instructed the trial court to vacate the attempted murder conviction. Carter v. State, 898 N.E.2d 315 (Ind. Ct. App. 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See ILB summary of the 2-1 Dec. 11, 2008 COA opinion here - 2nd case.]
Next week's oral arguments before the Supreme Court (week of 4/27/09):
Next Thursday, April 30th
- 9:00 AM - Juan C. Lucio v. State of Indiana - Lucio was convicted on two counts of murder and one count of conspiracy to commit murder. The jury recommended a sentence of life without the possibility of parole, and the Hamilton Superior Court sentenced him accordingly. In this direct appeal, Lucio argues the trial court should have declared a mistrial after a State's witness violated a motion in limine.
This week's oral arguments before the Court of Appeals (week of 4/20/09):
Monday, April 20th:
- 10:00 AM - In The Matter of T.A., & K.S., (Children Alleged to be Children in Need of Services) Lynette F., (Natural Mother) vs. Department of Child Services Pulaski County - Pulaski County Department of Child Services removed T.A. and K.S. from the home of their mother, Lynette F., pending an investigation into the sudden death of their 14-year old sibling, J.S. After an autopsy report concluded J.S.'s death was accidental and directly caused by a prescription error, Mother and DCS agreed to a timeline for the return of T.A. and K.S. to Mother culminating on August 3, 2007. DCS failed to return the children on August 3. Mother filed a motion to hold DCS in contempt on August 6, and the trial court ordered DCS to return the children to Mother on August 9. DCS later filed a motion to discharge Mother's motion for contempt, which the trial court granted after a hearing. Mother filed a motion to correct error, which the trial court granted, and now appeals. The Scheduled Panel Members are: Judges Riley, Robb and Bradford. [Where: Ivy Hall at Ivy Tech, 3101 South Creasy Lane, Lafayette, Indiana]
- 10:00 AM - Jennings Water, Inc., vs. Indiana Department of Environmental Management, et al - Talara Lykins ("Lykins") applied for and received from the Indiana Department of Environmental Management ("IDEM") a permit for the construction of a Confined Feeding Operation ("CFO") facility in Jackson County, Indiana. Jennings Water, a rural, not-for-profit water company, provides water to approximately 3,000 rural customers in that area. Jennings Water first petitioned the Office of Environmental Adjudication ("OEA") for administrative review of IDEM's decision to issue a permit to Lykins for her proposed CFO, alleging that Lykins' CFO would endanger and contaminate Jennings Water's well water field located approximately a mile away from the proposed CFO. Jennings Water's petition was denied by the OEA. Jennings Water's petition for judicial review of the final order issued by the OEA was denied by the trial court. Jennings Water now appeals claiming that the trial court erred by affirming the decision of the OEA, which upheld IDEM's approval of Lykins' CFO permit. The Scheduled Panel Members are: Judges Robb and Vaidik, Sr. Judge Sullivan. [Where: Court of Appeals Courtroom - Webcast (which will be accessible here)]
- 10:00 AM - State of Indiana vs. Errick G. Benson - Appellant-Plaintiff the State of Indiana appeals the trial court's order suppressing certain evidence that was discovered after Appellee-Defendant Errick G. Benson was apprehended following his alleged flight from an investigatory stop. On appeal, the State argues that the trial court's suppression of the evidence was erroneous because the evidence was discovered during a valid search incident to Benson's arrest for resisting law enforcement. The Scheduled Panel Members are: Chief Judge Baker, Judges Crone and Bradford. [Where: Warsaw Community High School, 1 Tiger Lane, Warsaw, Indiana]
- None currently scheduled.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on April 20, 2009 06:00 AM
Posted to Upcoming Oral Arguments