Monday, May 03, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/3/10):
Thursday, May 6th
- 10:15 AM - Joshua Nicoson v. State of Indiana (
32S04-1003-CR-150) - Nicoson’s conviction for confinement was elevated to a class B felony because he was “armed with” a handgun. See Ind. Code § 35-42-3-3(b)(2)(A). In addition, the Hendricks Superior Court imposed a five-year sentence enhancement because Nicoson “used a firearm.” See Ind. Code § 35-50-2-11. The Court of Appeals majority affirmed, concluding the sentence enhancement did not violate double jeopardy principles. Nicoson v. State, 919 N.E.2d 1203 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[Here is the Jan. 20, 2010 2-1 COA opinion that begins: "Today we decide an issue of first impression regarding the application of double jeopardy principles when a defendant's sentence is enhanced based on his use of a deadly weapon."] [NOTE at 8:40 AM: A reader has just informed me the link to the COA Nicoson opinion is incorrect -- I've now checkled and it is incorrect, but it turns out it is because the link in the COA database leads to the wrong opinion.]
Next week's oral arguments before the Supreme Court (week of 5/10/10):
Thursday, May 13th
- 9:00 AM - Anthony D. Delarosa v. State of Indiana (
29S00-0911-CR-531) - A jury found Delarosa guilty of two counts of murder. Delarosa waived his right to a jury trial on the State’s request for a sentence of life without parole, and the Hamilton Superior Court sentenced him to life without parole. In this direct appeal of the conviction, Delarosa argues the trial court erred in admitting certain statements, the State committed prosecutorial misconduct in closing argument, and the evidence was insufficient to sustain the convictions.
- 9:45 AM - Fredrick Michael Baer v. State of Indiana (48S00-0709-PD-362) -
Baer’s murder convictions and death sentence were affirmed on direct appeal in Baer v. State, 866 N.E.2d 752 (Ind. 2007), cert. denied. Thereafter, the Madison Superior Court denied post-conviction relief. In this appeal from that judgment, Baer argues that he was denied his right to effective assistance of trial and appellate counsel, the State committed prosecutorial misconduct, errors occurred at his trial, and the death sentence should be vacated because of his mental illness.
[See this May 22, 2007 ILB summary of the 2007 Supreme Court opinion.]
- 10:50 AM - Gregory Galloway v. State of Indiana (:
33S01-1004-CR-163) - Following a bench trial in the Henry Circuit Court on murder charges, the trial court rejected expert opinions that Galloway had been insane when he stabbed his grandmother and found Galloway guilty but mentally ill. The Court of Appeals affirmed in Galloway v. State, 920 N.E.2d 711 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[See ILB summary of 1/26/10 COA ruling here, 7th case. A quote: "Galloway argues that he should have been acquitted based on his defense of insanity and that the trial court erred by finding him guilty but mentally ill. Finding that we are compelled by our Supreme Court's opinion in Thompson v. State, to affirm, we do so."]
This week's oral arguments before the Court of Appeals (week of 5/3/10):
Tuesday, May 4th
- 4:00 PM - A. S. v. State of Indiana (10A01-0908-JV-423) - A.S. was taken into custody after she hit a fellow high school student. A hearing on whether she was a delinquent did not take place until about three months later. The court found her to be a delinquent and extended her probation. On appeal, A.S. argues the hearing did not take place within the required time period; she was entitled to a jury trial; and she was deprived of her constitutional rights to be represented by counsel, to present evidence, and to confront witnesses against her. The Scheduled Panel Members are: Judges Bailey, May and Brown. [Where: Assembly Hall at EVSC Technical & Career Center, 1901 Lynch Road, Evansville, Indiana]
Wednesday, May 5th
- 11:00 AM - David Mazhandu v. State of Indiana (49A02-0909-CR-890) - David Mazhandu was convicted of resisting law enforcement for an altercation that ensued when Mazhandu arrived while his vehicle was in the process of being towed for being illegally parked next to a fire hydrant. Mazhandu appeals his conviction, arguing there was insufficient evidence of his forcible resistance. The Scheduled Panel Members are: Judges Kirsch, Robb and Bradford. [Where: West Lafayette Jr. / Sr. High School, 1105 N. Grant Street, West Lafayette, Indiana]
Thursday, May 6th
- 10:30 AM - In Re: The Guardianship of E.F., Jr., G.P., vs. E.T.F., III (49A02-0908-CV-742) - [Available shortly] The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Friday, May 7th
- 9:30 AM -
Jason G. Ertel v. State of Indiana (29A02-0908-CR-824) - On May 21, 2008, at approximately 2:00 a.m., a woman called 911 to report that an unknown white male, who was later identified as Ertel, wearing a red shirt and driving a dark colored car, had rung her doorbell and then left. A neighbor of the 911 caller also observed Ertel and tried to stop him. While en route to the 911 dispatch, the responding officer was informed that the vehicle had left the neighborhood then returned again. As the officer approached the neighborhood, he saw a dark colored car sitting at a stop sign for approximately five seconds, and as he passed the car, the officer noticed that the man in the car was a white male and was wearing a red shirt. Additionally, he noticed that the man in the car had both hands on the wheel and was staring straight ahead. Based on this information, the officer pulled Ertel over and after administering field sobriety tests, charged him with operating while intoxicated. Ertel appeals the trial court's denial of his motion to suppress evidence obtained from the stop, claiming that the officer did not have reasonable suspicion to pull him over. The Scheduled Panel Members are: Judges Riley, Kirsch and Vaidik. [Where: Kankakee Valley High School, 3923 West State Road 10, Wheatfield, Indiana]
Next week's oral arguments before the Court of Appeals (week of 5/10/10):
Next Monday, May 10th
- 11:00 AM -
In Re: The Paternity of K.D., T.N. v. B.D. (49A02-0907-JV-693) - Mother appeals a trial court order prohibiting her from talking to the media about the custody and other proceedings in a paternity action on the ground that the proceedings are confidential. Mother argues that the order infringes her free speech rights under the United States and Indiana Constitutions and that the relevant confidentiality statutes apply only to records. Father counters that the privacy rights of the child outweigh Mother's free speech rights and that Mother had abused her free speech right when she gave details of the case to the media. The Scheduled Panel Members are: Judges Najam, Vaidik and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - Billy Dix v. Indiana State Department of Health (03A01-1001-MI-13) - This is an appeal from a trial court decision upholding the Indiana State Department of Health's orders and previous decisions regarding the involuntary transfer of its patient, Billy Dix. Appellant contends he has a presumptive right to remain in his current nursing home and that the involuntary transfer was arbitrary. Furthermore, Appellant contends that he was not given due process in his evidentiary hearing. There is an amicus curiae brief filed by the Indiana State Long Term Care Ombudsman in this case. The Scheduled Panel Members are: Judges Friedlander, Kirsch and Robb. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Wednesday, May 12th
- 11:00 AM - Michael Berkshire v. City of Logansport (09A02-0911-CV-1139) - Appellant appeals the trial court's dismissal of his Complaint based on the 10, 15 and 20 year statutes of limitation relating to breach of contract actions. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
- 4:00 PM - Marcel Roundtree v. State of Indiana (18A04-0910-CR-577 ) - Appellant-Defendant Marcel Roundtree was convicted of Class D felony theft and Class D felony possession of a controlled substance after he was found in possession of hydrocodone pills he had taken from an acquaintance. On appeal, Roundtree presents three issues; whether the trial court erred in admitting into evidence his statement to the arresting officer wherein he admitted to taking the pills because the victim owed him money; whether the State presented sufficient evidence to prove that the pills in question contained hydrocodone; and whether the sentence imposed by the trial court was inappropriate in light of the nature of the offence and the character of the offender. The Scheduled Panel Members are: Chief Judge Baker, Judges Friedlander and Mathias. [Where: Auditorium of the Muncie City Hall, Muncie, Indiana]
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 May 3, 2010 05:53 AM
Posted to Upcoming Oral Arguments