Monday, June 14, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/14/10):
Thursday, June 17th
- 9:00 AM - State of Indiana v. Craig Cooper (
In post-conviction proceedings, the Marion Superior Court vacated Cooper’s guilty plea to operating a vehicle while an habitual traffic offender on grounds an inadequate factual basis had been established at the guilty plea hearing. A divided Court of Appeals affirmed in State v. Cooper, 918 N.E.2d 355 (Ind. Ct. App. Dec. 15, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB - this was a 2-1 Dec. 15, 2009 opinion where the majority wrote: Specifically, the State argues that Cooper's request for post-conviction relief should have been denied because, even though the date and location of the offense were not specified in the factual basis during the guilty plea hearing, Cooper has failed to demonstrate how he was prejudiced by those “irregularities.” Concluding that the post-conviction court properly granted Cooper's request for relief, we affirm.]
- 9:45 AM - James A. Carr v. State of Indiana (25S04-1004-CR-219) -
The Fulton Superior Court admitted a videotaped confession over Carr's objection, and a jury found him guilty of murder. Finding no error with respect to admission of the confession and other arguments raised on appeal, the Court of Appeals affirmed the conviction in an unpublished memorandum decision. Carr v. State, No. 25A04-0906-CR-356, slip op. (Ind. Ct. App. Feb. 4, 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB - this was a NFP COA opinion issued Feb. 4, 2010, where the COA held: (1) Carr's proceedings did not violate the speedy trial provisions of Indiana Criminal Rule 4, (2) Carr's confession to law enforcement was not procured in violation of his Miranda rights, (3) the trial court did not err by prohibiting cross-examination into Carr's level of intoxication during his custodial interrogation, and (4) the court did not err by refusing to instruct the jury on various lesser-included offenses.]
- 10:30 AM - In the Matter of the Termination of the Parent-Child Relationship of I.B.; M.L. v. Indiana Department of Child Services (:
03S05-1004-JV-218) - The Bartholomew Circuit Court entered a judgment terminating parental rights and later issued an order denying a request to appoint counsel to represent the mother in an appeal. The Court of Appeals affirmed the trial court’s decision not to appoint appellate counsel. Matter of Termination of Parent Child Relationship of I.B.; M.L. v. Indiana Dep’t Child Servs., 922 N.E.2d 62 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[This ILB has had several entries about this case, involving the right to counsel in civil cases, including; (1) the COA opinion summary on 2/17/10; (2) copies of the petition to transfer, response, and reply.]
Next week's oral arguments before the Supreme Court (week of 6/21/10):
Next Thursday, June 24
- 9:00 AM - Bradley Love v. Robert Rehfus (
Bradley Love, a firefighter, filed a complaint against Fire Chief Rehfus and the Sugar Creek Township Fire Department alleging his termination by the Chief violated his First Amendment rights. The Hancock Circuit Court granted the defendants summary judgment. The Court of Appeals reversed and remanded addressing whether an email sent by Love was speech protected by the First Amendment, and whether the Township could be held liable if the Chief's termination violated Love's rights. Love v. Rehfus, 918 N.E.2d 448 (Ind. Ct. App. 12/22/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Jeffrey Tharp v. State of Indiana (49S02-1005-CR-256) -
The Marion Superior Court found Tharp guilty of invasion of privacy, a Class A misdemeanor, with respect to a protective order. The Court of Appeals reversed. Tharp v. State, 922 N.E.2d 641 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB - ILB summary of Feb. 18, 2010 COA opinion here, 4th case, where the Court wrote: "Because the State did not prove Tharp knew he was subject to an active order of protection, we reverse his conviction."
This week's oral arguments before the Court of Appeals (week of 6/14/10):
Monday, June 14th
- 2:00 PM - Bonnie T. Paloutzain, et al v. Belle Delint-Eaglesfield, et al (49A02-0908-CV-817) - This case involves an inter vivos trust executed by Alex Taggart in 1953 which provided for the "surviving children" of his son, Henry Taggart, who at the time was unmarried and had no children. Also at the time the trust was executed, the stranger to the adoption rule was in effect and provided that when one makes provision in his will for a child or children of some person other than himself, he will be presumed not to have included an adopted child or children of such other person, unless there is something in the will or in the extraneous circumstances to rebut that presumption. Henry later married and adopted two children, divorced, and then had three natural children from another marriage. The stranger to the adoption rule was abrogated in 1953 for wills; however, the Trust Code was not amended to abrogate the rule until 2003. This case presents an issue of first impression concerning the retroactivity of the 2003 Trust Code amendment to Alex's trust. The trial court interpreted Alex's trust as including the adopted children, and the natural children now appeal. The Scheduled Panel Members are: Judges Riley, Vaidik and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, June 16th
- 1:00 PM - Eric C. Danner v. State of Indiana (71A03-1001-CR-13 ) - Following a bench trial in the St. Joseph Superior Court on charges of misdemeanor possession of marijuana and felony dealing in cocaine, the trial court found Eric C. Danner guilty of those charges and sentenced him to an aggregate term of thirty years executed. In Danner's direct appeal from his conviction, he argues that the trial court erroneously admitted evidence discovered during an inventory search of Danner's car prior to impoundment, alleging that police officers did not follow departmental procedure regarding such searches and otherwise violated both state and federal constitutional protections from unreasonable searches and seizures. The Scheduled Panel Members are: Judges Kirsch, May and Mathias. [Where: Hoosier Boys State at Trine University, Angola, Indiana]
Next week's oral arguments before the Court of Appeals (week of 6/21/10):
Next Tuesday, June 22nd
- 10:00 AM -
S. T. v. Community Hospital North In-Patient Psychiatric Unit (49A04-0910-CV-617) - S.T. was ordered committed to the Community Hospital psychiatric unit on the ground she was dangerous to herself or others. She had attempted suicide by ingesting a bottle of Tylenol. After she was admitted, she verbally expressed anger but was not violent toward anyone, and she swallowed some earrings. She argues that evidence was insufficient to support the determination she was dangerous. The Scheduled Panel Members are: Judges Bailey, May and Barnes. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Samuel Neal v. William J. Cure, et al (49A04-0908-CV-468) - Neal sued Cure after a pollutant leaked from Cure's property onto Neal's. Cure's tenant, a dry cleaner, occupied Cure's property when the pollution occurred. The trial court granted summary judgment for Cure on the ground Cure was not responsible for the tenant's actions and had no duty to prevent the pollution, and Neal appeals. The Scheduled Panel Members are: Judges Bailey, May and Barnes. [Where: 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.
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 June 14, 2010 09:07 AM
Posted to Upcoming Oral Arguments