Sunday, May 15, 2011
Ind. Decisions - Oral argument set in Batson challenge
The Supreme Court's transfer list for the week ending May 6, 2011 included the grant of a petition to transfer in the case of Joey Addison v. State.
The case already has been scheduled for oral argument, set for this Thursday, May 19. From the petition:
Questions Presented on TransferThe case summary on the Indiana Supreme Court calendar of arguments reads:
I. The trial court and the Court of Appeals failed to consider all relevant circumstances In evaluating evidence supporting Batson's third prong of racial discrimination by ignoring side by side comparison of similarly situated iurors as required the U.S. Supreme Court in Snyder v. Louisiana and adopted Killebrew v. State.
II. The Court of Appeals was correct in finding the trial court erred in the exclusion of the deposition given by Joey Addison's sister, Lola Hall, on the issue of insanity but erred in finding the exclusion harmless.
Addison was convicted of murder following a jury trial in the Marion Superior Court. The Court of Appeals decided that the trial court’s rejection of a Batson challenge was not clearly erroneous, rejected the other appellate arguments and affirmed the conviction in a not-for-publication memorandum decision. Addison v. State, No. 49A05-1006-CR-354 (Ind. Ct. App. Feb. 16, 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.The ILB is pleased to be able to post the various filings in the case:
- Oct. 27, 2010 Appellant COA brief
- Nov. 24, 2010 Appellee COA brief
- Dec. 13, 2010 Appellant's reply
- Feb. 16, 2011 COA's NFP opinion
- March 18, 2011 transfer petition
Posted by Marcia Oddi on May 15, 2011 12:22 PM
Posted to Upcoming Oral Arguments