Monday, March 05, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/5/12):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 3/12/12):
Thursday, March 15th
- 9:00 AM - Indiana-Kentucky Electric Corp., et al. v. Save the Valley, Inc., et al. (49S02-1202-MI-72) - Indiana-Kentucky Electric Corporation (IKEC) filed a petition for judicial review asking the trial court to rule that certain citizens’ groups lacked the authority to obtain administrative review of a permit-renewal decision, but the trial court dismissed the petition. The Court of Appeals affirmed, relying on the law-of-the-case doctrine and noting that an earlier appeal held that these citizens’ group had associational standing to represent their members aggrieved by the permit renewal. Indiana-Kentucky Electric Corporation v. Save The Valley, Inc., 953 N.E.2d 511 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was an Aug. 9, 2011 COA opinion dealing with associational standing.
- 9:45 AM - Michael J. Lock v. State of Indiana (35S04-1110-CR-622) - Police stopped Michael Lock while he was operating a Yamaha Zuma at forty-three miles per hour. In the Huntington Circuit Court, Lock was convicted of operating a “motor vehicle” while his driving privileges were suspended. The Court of Appeals reversed on grounds the State failed to prove that the Zuma was a motor vehicle as defined in Indiana Code sections 9-13-2-105 and 109. Lock v. State, 952 N.E.2d 280 Ind. Ct. App. 2011), 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, July 26, 2011 COA opinion where the majority wrote: "Lock argues the State did not prove he operated a motor vehicle, because his Zuma is a motorized bicycle, which, pursuant to Ind. Code § 9-13-2-105(d), is exempt from the provisions of the statutes regarding operation of a motor vehicle while privileges are suspended. We agree the State did not prove the Zuma was a motor vehicle; however, neither does the record before us permit us to hold the Zuma is a motorized bicycle. * * * We decline the State's invitation to relieve it of its burden to prove every element of a crime it prosecutes."
This week's oral arguments before the Court of Appeals (week of 3/5/12):
Monday, March 5th
- 1:30 PM - John Morse, M.D., v. Jeffrey Wayne Davis (84A05-1103-CT-140) - John Morse, M.D., appeals the trial court’s judgment in favor of Jeffrey Davis on Davis’ complaint alleging that Dr. Morse committed medical malpractice when he failed to diagnose Davis’ colon cancer. Dr. Morse presents three issues for our review, each of which pertains to whether the trial court abused its discretion when it precluded certain evidence from being admitted at trial. The Scheduled Panel Members are: Chief Judge Robb, Judges Najam and Vaidik. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Friday, March 9th
- 1:00 PM - Richard Leggs v. State of Indiana (49A02-1105-CR-522) - Richard Leggs was charged with and convicted of eight offenses, all arising out of an incident where he stabbed his wife and prevented her from leaving their apartment. He argues on appeal he should not have been convicted of two counts of criminal confinement because there was only one continuing confinement; multiple counts were improperly enhanced based on the same use of a deadly weapon; one of the charges was flawed because it did not allege he acted with criminal intent; and his sentence should be revised. The Scheduled Panel Members are: Judges May, Mathias and Bradford. [Where: IU/Northwest, 3400 Broadway, Gary, IN]
Monday, March 13th
- 1:00 PM - Carl E. Thomas, III v. State of Indiana (63A05-1108-CR-423) - Carl E. Thomas was convicted of Class A felony rape with deadly force and sentenced to forty years in prison. He appeals that conviction challenging the trial court's admission of testimony from the rape victim regarding Thomas stabbing her hand with a knife more than four years before the rape, the trial court's decision to allow the State to ask preliminary questions of a defense witness during Thomas' direct examination of that witness, and the sufficiency of the State's evidence to prove Thomas committed rape while armed with a deadly weapon or while using or threatening to use deadly force. The Scheduled Panel Members are: Judges Baker, Najam and May. [Where: University of Southern Indiana, Carter Hall, University Center West, 8600 University Blvd., Evansville, 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 March 5, 2012 08:06 AM
Posted to Upcoming Oral Arguments