« Law - "Chicago-based firm under fire: Critics say it acts as referral service, a violation of ethics rules; company says its approach similar to Google's" | Main | Catch-up: What did you miss over the weekend from the ILB? »
Monday, December 14, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 12/14/09):
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.
- 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.
- 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."]
Next week's oral arguments before the Supreme Court (week of 12/21/09):
Next Tuesday, December 22nd
- 9:00 AM - Wayne D. Kubsch v. State of Indiana - The St. Joseph Superior Court denied post-conviction relief with respect to Kubsch's three murder convictions and death sentence. In this appeal, Kubsch argues that judgment should be reversed because the prosecuting attorney should have been recused from the case, the State failed to disclose evidence, the trial prosecutor engaged in misconduct, and Kubsch's trial counsel rendered ineffective assistance.
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 12/14/09):
- None scheduled
Next week's oral arguments before the Court of Appeals (week of 12/21/09):
- 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 14, 2009 06:50 AM
Posted to Upcoming Oral Arguments