Monday, February 14, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/14/11):
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.
Next week's oral arguments before the Supreme Court (week of 2/21/11):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 2/14/11):
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)]
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)]
Next week's oral arguments before the Court of Appeals (week of 2/21/11):
Next Tuesday, February 22nd
- 10:00 AM - Robert L. Clark and Debra Clark v. Robert L. Clark, Sr. (01A02-1007-CT-759) - Robert L. Clark, Jr. (Junior) was injured when he was struck by a car driven by his father. The trial court granted summary judgment for the father, on the ground that Junior was being transported in or upon the motor vehicle for purposes of the application of the Indiana Guest Statute, Ind. Code § 34-30-11-1. [Rescheduled from 02/01/2011] The Scheduled Panel Members are: Chief Judge Robb and Judges May and Vaidik. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - Sherrill Essett v. State of Indiana (49A02-1005-CR-481) - Sherrill Essett appeals her conviction of theft as a Class D felony contending that the conviction is not supported by sufficient evidence. Essett was an employee of Indiana Department of Child Services. She admits that she requested and received the bus passes from the custodian of such passes, but contends that she thought she was authorized to do so and that she gave them to case managers for their clients. The Scheduled Panel Members are: Judges Kirsch, Crone, and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Thursday, February 24th
- 3:00 PM - Lamar M. Crawford v. State of Indiana (49A05-1006-CR-377) - Appellant, Lamar Crawford, appeals his conviction for Murder, wherein he received an 85 year sentence. Crawford presents us with two issues on appeal: First, he contends that the trial court abused its discretion by denying his request for production of film footage captured by a non-party television company documenting the investigation. In response, the State argues that Crawford's request was not particular enough for the trial court to grant. Second, Crawford argues that the evidence was insufficient to support his conviction for murder because there was nothing in the evidence that directly contradicted his theory that an intruder stabbed and murdered his uncle while Crawford helped defend his uncle. The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and Kirsch. [Where: Goodrich Room of the Lilly Library, Wabash College, Crawfordsville, 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 February 14, 2011 08:18 AM
Posted to Upcoming Oral Arguments