Monday, March 12, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This 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."
3/08/12 Docket Entry: THE ORAL ARGUMENT CURRENTLY SCHEDULED IN THIS MATTER ON THURSDAY, MARCH 15, 2012, AT 9:45 A.M. IS HEREBY VACATED AND WILL BE RESCHEDULED BY FUTURE ORDER OF THIS COURT. RANDALL T. SHEPARD, ACTING CHIEF JUSTICE OF INDIANA
Next week's oral arguments before the Supreme Court (week of 3/19/12):
Thursday, March 22ndh
- 9:00 AM - Quanardel Wells v. State of Indiana (49S05-1202-CR-68) - Wells was charged with several counts of sexual assaults against different women. The Marion Superior Court denied Wells’s motion for severance. See Ind. Code § 35-34-1-11. In this interlocutory appeal, the Court of Appeals affirmed in a not-for-publication memorandum decision, Wells v. State, No. 49A05-1012-CR-731, slip op. (Ind. Ct. App. Sept. 22, 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Sept. 22, 2011 NFP COA opinion.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 3/12/12):
Monday, March 12th
- 2:00 PM - IDCS v. South Bend Tribune (71A03-1203-JM-106) - Hearing on IDCS Verified Emergency Motion to Stay Order Granting Access to Public Records.
ILB: For background, see this ILB entry from March 10th. Documents are linked at end of entry.
- 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 ]
Next week's oral arguments before the Court of Appeals (week of 3/19/12):
- No oral arguments currerently scheduled.
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 12, 2012 07:20 AM
Posted to Upcoming Oral Arguments