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Monday, October 24, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/24/11):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 10/31/11):
Thursday, October 31st
- 9:00 AM - Engelica Castillo v. State of Indiana (45S00-1102-LW-110) -
Castillo was convicted of murdering a two-year-old child whom Castillo was babysitting. The jury recommended Castillo be sentenced to life in prison without parole and the Lake Superior Court sentenced her accordingly. In this direct appeal, Castillo argues that the sentence is inappropriate and that fundamental error occurred during the penalty phase.
- 9:45 AM - Mickey Cundiff v. State of Indiana (31S05-1108-CR-512) -
Criminal Rule 4(B) provides, in part, that a defendant held in jail shall be discharged if not brought to trial within 70 days of filing a motion for an early trial. Cundiff was in jail on unrelated charges while he awaited trial in the Hamilton Superior Court on charges of operating a vehicle while intoxicated. Cundiff moved for discharge in the driving offense. The trial court denied discharge. The Court of Appeals affirmed in Cundiff v. State, 950 N.E.2d 1279 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: From the June 23, 2011 COA opinion: "Concluding that Cundiff was not entitled to a speedy trial pursuant to Criminal Rule 4(B) despite his incarceration on an unrelated cause, we affirm."
- 10:30 AM - Michael Adams v. State of Indiana (29S02-1109-DR-530) - Indiana Code section 35-48-4-15 provides that when a person is convicted of possession of marijuana and a “motor vehicle was used in the commission of the offense,” the trial court shall order suspension of the person’s operator’s license and vehicle registrations. Adams was a passenger in a vehicle where police found a jar containing marijuana on the passenger-side floor in plain sight. After Adams was convicted of possession of marijuana, the Hamilton Superior Court sentenced him to 365 days and suspended his driver’s license and vehicle registration. The Court of Appeals affirmed on grounds the vehicle was being used to transport the marijuana. Adams v. State, 946 N.E.2d 630 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 10/24/11):
- No arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 10/31/11):
Tuesday, November 1st
- 11:00 AM - Eric Stickdorn, et al v. Elam Zook, et al (89A01-1012-CT-670) - Whether the trial court erred in determining that either the two-year or six year statutes of limitations barred all the Appellants' claims. The Scheduled Panel Members are:Judges Mathias, Kirsch and Baker. [Where: info not provided]
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 October 24, 2011 08:24 AM
Posted to Upcoming Oral Arguments