Monday, December 07, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 12/7/09):
Thursday, December 10th
- 9:00 AM - Myron Owens v. State of Indiana - The Marion Superior Court sentenced Owens as an habitual offender after concluding he had accumulated two unrelated dealing convictions as defined in Indiana Code section 35-50-2--8(d), namely dealing in cocaine and conspiracy to deal in cocaine. The Court of Appeals affirmed in Owens v. State, 911 N.E.2d 18 (Ind. Ct. App. 7/7/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB summary of the 2-1 COA opinion here - 6th case. A quote: "The State presented sufficient evidence to establish that Owens delivered cocaine to the C.I. and that such transaction occurred within 1,000 feet of the Daycare Center."]
- 9:45 AM - Clint R. Beldon v. State of Indiana - Beldon was convicted of operating a motor vehicle while intoxicated, which had been elevated to a class D felony based on a prior conviction, and he was sentenced by the Kosciusko Superior Court as a habitual substance offender under Indiana Code section 35-50-2-10, to the maximum sentence. The Court of Appeals affirmed the conviction, but remanded the case for re-sentencing. Beldon v. State, 906 N.E. 2d 895 (Ind. 5/21/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[See the May 21st ILB summary of the COA opinion here - 4th case.]
- 10:30 AM - Leone v. Commissioner Indiana Bureau of Motor Vehicles - A class of persons, threatened with invalidation of their driver's licenses or identification cards due to a discrepancy with their names on file with the Social Security Administration and the Bureau of Motor Vehicles, sought injunctive relief against the Bureau. On interlocutory appeal, the Court of Appeals affirmed the trial court's denial of a preliminary injunction, holding in part that the Bureau's policy violated the class members' procedural due process rights but that an injunction would not be in the public interest. Leone v. Comm'r, Indiana Bureau of Motor Vehicles, 906 N.E.2d 172 (Ind. Ct. App. 5/15/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [See this ILB entry from Oct. 30, 2009 for backgtround.]
Next week's oral arguments before the Supreme Court (week of 12/14/09):
Next Thursday, December 17th
- 9:00 AM - Ghosh v. State of Indiana Ethics Commission - After the State Employee Appeals Commission affirmed IDEM's termination of Ghosh's employment, Ghosh unsuccessfully pursued judicial review of that determination. Meanwhile, the State Ethics Commission separately found Ghosh's conduct was unethical and issued a fine. Ghosh's petition for judicial review from the Ethics Commission's determination sought dismissal of the fine as well as reinstatement of employment. The trial court denied Ghosh relief on both grounds. The Court of Appeals remanded for reconsideration of the amount of the fine and held Ghosh was collaterally estopped from challenging the termination of his employment. Ghosh v. Indiana State Ethics Comm'n, 911 N.E.2d 137 (Ind. Ct. App. 8/17/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB summary of the COA opinion here.]
- 9:45 AM - Steven Everling v. State of Indiana - Following a jury trial in the Madison Circuit Court, Everling was convicted of several counts of child molesting and sexual misconduct with a minor, and was sentenced to some 110 years. In a not-for-publication Memorandum Decision, the Court of Appeals rejected Everling's claims that he was deprived of a fair trial based on certain rulings and conduct by the trial court, but remanded for further proceedings on the sentence. Everling v. State, slip op. (Ind. Ct. Ap. Aug. 12, 2009), 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.
[The 8/12/09 COA NFP opinion is here. See also this 8/21/09 ILB entry headed "Appeals court upholds child molester ruling; complaints aganst judge."]
- 10:30 AM - Andrew King v. State of Indiana - Following a jury trial, the Marion Superior Court entered judgments of conviction against King for two counts of class C felony child solicitation and one count of class D felony attempted dissemination of matter harmful to minors. The Court of Appeals affirmed, deciding in part that Gibbs v. State, 898 N.E.2d 1240 (Ind. Ct. App. 2008), trans. denied, had been wrongly decided and that a conviction for attempted dissemination did not require that the recipient actually be less than 18 years old, so long as the sender believed the recipient was under that age. King v. State, 908 N.E.2d 673 (Ind. Ct. App. 6/30/2009), 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.
[See this ILB summary of the COA opinion here - 3rd case. It is worth reading. Not only does this case discuss admission of internet evidence in detail, but the summary points out, for example:
Re "impossibility", the Dec. 31st, 2-1 Court of Appeals ruling in the case of Randy Gibbs v. State of Indiana is referenced 21 times in the opinion; Aplin v. State is cited 34 times."]
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 12/7/09):
Tuesday, December 8th
- 11:00 AM - Marcus Chest v. State of Indiana (49A02-0907-CR-705) - An Indianapolis Metropolitan police officer pulled over Marcus Chest after observing him change lanes without signaling. When asked for identification, Chest claimed he had forgotten his driver's license and gave the officer a false name and date of birth. After discovering the information was false, the officer arrested Chest for refusing to provide identification and secured Chest in the backseat of his police car. The officer returned to search Chest's vehicle and discovered a handgun and a wallet containing Chest's driver's license under the back seat of the car. After a trial, Chest was convicted of carrying a handgun without a license, driving while suspended, and refusing to provide identification. On appeal, Chest argues the officer's search of his vehicle after he was secured in the police car violated his constitutional rights under the United States and Indiana Constitutions, and therefore, the trial court should not have allowed the State to admit the handgun and wallet discovered in the search into evidence. The Scheduled Panel Members are: Judges Darden, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, December 9th
- 1:30 PM - Herman Russell v. State of Indiana (49A04-0902-CR-97) - Herman Russell appeals his conviction following a bench trial for theft as a Class D felony. On appeal, he contends that the State's evidence-that Russell lacked a receipt for the DVDs he carried outside a store-was insufficient to prove the "unauthorized control" necessary to establish theft as charged. Russell next contends that the trial court erred as a matter of law in basing his conviction on a finding that he was "more likely than not" guilty. Finally, Russell argues that the trial court committed fundamental error when it admitted evidence (1) obtained from Russell during a search incident to an alleged unlawful arrest and (2) concerning Russell's prior theft convictions. The Scheduled Panel Members are: Judges Najam, Kirsch and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Thursday, December 10th
- 1:30 AM - Allied Property & Casualty Insurance Company v. Linda & Randall Good (85A04-0902-CV-89) - On the fourth day of a jury trial in an insurance case stemming from a fire at Linda and Randall Good's house, on direct examination an employee of Allied Property and Casualty Insurance Company testified in violation of the trial court's order in limine. The trial court granted a mistrial and ordered Allied Property and Casualty to pay Linda's and Randall's attorneys' fees as well as the costs of the jury trial, which totaled $26, 053.19. Allied Property and Casualty now seeks an interlocutory appeal contending that the trial court abused its discretion in imposing monetary sanctions for causing the mistrial. The Scheduled Panel Members are: Judges Vaidik, Darden and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 12/14/09):
- None scheduled
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
The past COA webcasts which have been webcast are accessible here.
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 December 7, 2009 05:30 AM
Posted to Upcoming Oral Arguments