Monday, February 07, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/7/11):
Tuesday, February 8th
- 1:00 PM - Putnam County Sheriff v. Pamela Price (60S01-1012-CV-665) - An injured motorist sued the sheriff for negligently failing to warn motorists of a known hazard on a county highway, and when the sheriff argued that he had no such duty and moved to dismiss, the trial court denied the motion to dismiss. In this interlocutory appeal, the Court of Appeals affirmed. Putnam County Sheriff v. Price, 930 N.E.2d 669 (Ind. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Where: Wynne Courtroom, Lawrence W. Inlow Hall, Indiana University School of Law - Indianapolis]
ILB: See the summary of the July 28, 2010 COA decision here (3rd case). Issues were: I. Whether the Sheriff had a duty to warn the public of a known hazardous condition; and II. Whether the Sheriff is immune from suit.
Wednesday, February 9th
- 9:00 AM - Joshua Konopasek v. State of Indiana (25S03-1012-CR-669) - After a bench trial in the Fulton Superior Court, Konopasek was convicted of battery causing serious bodily injury. The Court of Appeals concluded that although certain evidence about his criminal history should not have been admitted, the error was harmless given the presumption that a trial court will disregard inadmissible evidence. The Court of Appeals affirmed the conviction in Konopasek v. State, 934 N.E.2d 762 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Sept. 30, 2010 opinion (6th case) where the COA concludes: "While evidence about Konopasek’s criminal record should not have been admitted, any error was harmless, and the State’s evidence was sufficient to prove battery and disprove Konopasek’s claim of self-defense."
- 9:45 AM - Edwin G. Buss v. Michael L. Harris (52S02-1011-CV-642) - A 1999 sentencing order required Harris to enroll on the sex offender registry following his release from incarceration. Several years later, after amendments to the sex offender registry statutes, the Indiana Department of Correction ("DOC") notified Harris that he must register as a sexually violent predator ("SVP") for his lifetime. Harris filed a complaint for declaratory and injunctive relief against the DOC. The Miami Circuit Court entered judgment for Harris, ordered the DOC to remove the SVP and lifetime designations, and determined Harris's registry obligation is ten years. The Court of Appeals affirmed. Buss v. Harris, 926 N.E.2d 1110 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See ILB summary of COA May 17, 2010 opinion here - 3rd case. From the opinion:
We hold that the trial court did not err by finding and concluding that the DOC and Buss were not authorized by statute to make a determination of and change to Harris’s status on the sex offender registry. We also reject the State’s argument that Harris’s status was changed by operation of law under Indiana Code section 35-38-1-7.5(b) and note that the Supreme Court’s decision in Jones [ILB - Jones v. State, 885 N.E.2d 1286 (Ind. 2008)] supports our conclusion. We also hold that the trial court correctly determined that Harris’s reporting obligation was for ten years and not a lifelong reporting obligation, as the change to the duration of Harris’s reporting obligation would have occurred only by a finding and conclusion that his status had changed. Again, Jones is helpful in reaching that conclusion.
- 10:30 AM - J.M. v. M.A. (20S04-1012-CV-676) - The Elkhart Superior Court denied J.M.'s request to set aside a paternity affidavit and default judgment. The Court of Appeals reversed, concluding J.M.'s failure to attend a hearing was attributable to excusable neglect, and that he had a meritorious defense because he signed the paternity affidavit based on a material mistake of fact. J.M. v. M.A., 928 N.E.2d 230 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer and assumed jurisdiction over the appeal.
ILB: this is a June 9, 2010 opinion where the COA concludes: "Concluding that the default judgment should be set aside and that Father has demonstrated that a material mistake of fact existed at the time he executed the paternity affidavit, we reverse the decision of the trial court and remand with instructions that the trial court vacate its order adjudicating Father as the legal father of W.H. and ordering him to pay support. Additionally, because the State has conceded that Father is not W.H.‘s biological father, the trial court must set aside the paternity affidavit."
Next week's oral arguments before the Supreme Court (week of 2/14/11):
Next Thursday, February 17th
- 9:00 AM - In re Subpoena to Crisis Connection, Inc. (19S05-1012-CR-678) - In a child molest prosecution, defendant Ronald Fromme subpoenaed Crisis Connection, Inc. for records relating to the victims. Crisis Conenction opposed the request, citing Indiana Code section 35-37-6-9 (a victim-advocate privilege statute). The DuBois Circuit Court ordered Crisis Connection to produce records for an in camera inspection. On interlocutory appeal, the Court of Appeals affirmed in State v. Fromme, 930 N.E.2d 1169 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a July 15, 2010 opinion where the COA wrote: "Crisis Connection appeals, requiring us, as a matter of first impression, to interpret Indiana‘s victim-advocate privilege and to determine whether it must be limited by a criminal defendant‘s constitutional rights. Concluding that an in camera review properly balances Fromme‘s constitutional rights and the victims‘ interest in privacy, we affirm." See also this July 16th ILB entry.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 2/7/11):
- None currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 2/14/11):
Next Wednesday, February 16th
- 10:00 AM - Troy R. Smith v. State of Indiana (35A02-1008-CR-996 ) - Smith pleaded guilty in 2007 to non-payment of child support, a Class D felony, and judgment was entered accordingly. The trial court suspended his three-year prison sentence and placed him on probation on the condition that he make weekly child support payments. Following the State's allegations that he violated this condition and a hearing on the matter, the trial court revoked Smith's probation and ordered Smith serve his prison sentence, with five days of credit for time served. On appeal, Smith argues there was insufficient evidence to support the trial court's decision to revoke his probation. Smith argues the State did not meet its burden to prove that his failure to pay was reckless, knowing, or intentional, and in particular, his ability to pay. At issue is whether the State had a burden to do so, and if so, whether it satisfied that burden. The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Thursday, February 17th
- 1:30 PM - David Sasser v. State of Indiana (79A04-1006-CR-457) - Appellant appeals his conviction for Failure to Register as a Convicted Sex Offender while Having a Prior Conviction. [Rescheduled from 02/02/2011] The Scheduled Panel Members are: Judges Baker, Vaidik, and Barnes. [Where: Supreme Court 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 February 7, 2011 08:51 AM
Posted to Upcoming Oral Arguments