« Courts - "The Administration plans to identify its nominee in 'guidance' at 7:20 am tomorrow morning, with a formal announcement by the President at 11 am" | Main | Catch-up: What did you miss over the weekend from the ILB? »
Monday, May 10, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This 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."]
Next week's oral arguments before the Supreme Court (week of 5/17/10):
- None currently scheduled.
Note: The Supreme Court appears to have stopped maintaining its "Supreme Court Oral Argument Calendar." For May, as of this monring, 5/10/10, the calendar continues to show "There are no events to display for this month."
This week's oral arguments before the Court of Appeals (week of 5/10/10):
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)]
Wednesday, May 12th
- 10:30 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]
Next week's oral arguments before the Court of Appeals (week of 5/17/10):
- None currently 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 May 10, 2010 07:52 AM
Posted to Upcoming Oral Arguments