Monday, August 24, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 8/24/09):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 8/31/09):
Next Thursday, September 3rd
- 9:00 AM - David A. Shotts v. State - Indiana police officers seized evidence from Shotts while executing an Alabama arrest warrant. The St. Joseph Superior Court admitted the evidence over Shotts’ objection. The Court of Appeals concluded the Alabama arrest warrant was deficient, and reversed in Shotts v. State, 907 N.E.2d 134 (Ind. Ct. App. March 12, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Here is the ILB summary of the opinion (3rd case).
- 9:45 AM - State v. Michael Haldeman and State v. Rachel Lawson - Michael Haldeman and Rachel Lawson were each charged with one or more counts of conspiracy to deal methamphetamine, a Class B felony, based on evidence gathered pursuant to “intercept warrants” that allowed the police to place wiretaps on certain cellular and residential phone lines. Haldeman and Lawson moved to suppress the evidence because the police failed to seek appellate review of the intercept warrants as required by Indiana Criminal Rule 25(B). The Morgan Superior Court granted their motions to suppress, and the State appealed. While the appeal was pending, the State moved the Supreme Court to transfer jurisdiction from the Court of Appeals per Appellate Rule 56(A) and to consolidate Haldeman and Lawson’s appeals. The Supreme Court granted both motions, thereby assuming jurisdiction over the consolidated appeals. [Note: Appellate Rule 56(A) is the emergency transfer rule]
- 10:30 AM - Kyle Kiplinger v. State of Indiana - A jury found Kiplinger guilty of murder. In the penalty phase proceedings on the State’s request for a sentence of life imprisonment without parole, the jury found the State had proven the charged aggravating circumstance but was unable to reach a unanimous decision regarding sentencing. The Perry Circuit Court sentenced Kiplinger to life without parole, and in this direct appeal, Kiplinger argues the conviction and sentence should be reversed.
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 8/24/09):
- None currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 8/31/09):
Next Tuesday, September 1st
- 2:00 PM - Kristy Humphrey, (As Personal Representative of the Estate of Charles Mandress, Jr., Deceased) vs. Duke Energy Indiana, Inc., et al - Kristy Humphery, as personal representative for the Estate of Charles Mandrell, Jr., appeals from the trial court's grant of summary judgment to Duke Energy Indiana, Inc. ("Duke Energy"). Humphery alleged in her complaint that Duke Energy negligently placed a utility pole near an intersection in Johnson County, which proximately caused Mandrell's death. On appeal, the parties dispute the existence of a genuine issue of material fact regarding whether Duke Energy could have reasonably foreseen Mandrell's collision with its utility pole. The Scheduled Panel Members are: Judges Najam, Kirsch and Barnes. [Where: Indiana Court of Appeals Courtroom - WEBCAST] ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
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 August 24, 2009 08:02 AM
Posted to Upcoming Oral Arguments