Monday, December 17, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (12/17/12):
Thursday, December 20th
- 9:00 AM - Juan M. Garrett v. State of Indiana (49S04-1207-PC-431) - Garrett was charged with two counts of rape and other offenses. A jury found him not guilty on Count 1, but it could not reach a verdict on Count 2. Count 2 was retried to the bench, and the trial court found him guilty. The convictions were affirmed on direct appeal in Garrett v. State, No. 49A02-0807-CR-609, slip op. (Ind. Ct. App. Feb. 25, 2009), trans. denied. In post-conviction proceedings, Garrett contended trial and appellate counsel had been ineffective in not arguing that the retrial on the second rape charge violated his federal and state constitutional protections against double jeopardy. The Marion Superior Court denied relief and the Court of Appeals affirmed in Garrett v. State, 965 N.E.2d 115 (Ind. Ct. App. March 28, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Jason Michael Palilonis v. State of Indiana (42A05-1104-CR-197) - Following a jury trial in the Knox Superior Court, Palilonis was convicted of rape. The Court of Appeals affirmed in Palilonis v. State, 970 N.E.2d 713 (Ind. Ct. App. Jun 20, 2012), trans. pending. Palilonis has petitioned the Supreme Court to accept jurisdiction over the appeal, raising issues relating to extraneous jury communications, informing the jury the victim was dead, and the admission of certain statements of the victim.
ILB: See this June 20, 2012 ILB summary of the 37-page COA opinion; the case has not yet been granted transfer.
- 10:30 AM - Felix C. Sickels v. State of Indiana (20S03-1206-CR-308) - Sickels was convicted of nonsupport of his children. The trial court ordered him to pay the arrearage to the mother as restitution. The Court of Appeals reversed on grounds the mother was not “the victim.” Sickels v. State, 960 N.E.2d 205 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 30-page Jan. 6th COA opinion which included on p. 28:
Sickels next argues that the trial court improperly ordered him to pay restitution. At the sentencing hearing, the trial court stated that “restitution” in the amount of “$86,420” is to be made to “Ms. Sickels, the victim in the case.” Transcript at 87. But in its written sentencing order, the court states: “Arrearage in the amount of $84,420.00 as of 2/8/11 reduced to judgment in favor of Kathy L. Sickles [sic], civil cause number 20D03-9107-DR205.” Appellant’s App. at 118 (emphasis original). These two statements are unclear in three respects and require a remand for clarification.
Next week's oral arguments before the Supreme Court (week of (12/24/12):
- No oral arguments currently scheduled
This week's oral arguments before the Court of Appeals (week of 12/17/12):
Monday, December 17th
- 1:30 PM - State of Indiana v. Gregory Lagrone (49A05-1203-CR-135) Indianapolis Metropolitan Police Officers received an open parcel containing marijuana from a private parcel delivery company. The officers repackaged the marijuana with a GPS tracking device and parcel wire, affixed the original label addressed to “Michael Davis,” and then conducted a controlled delivery to the address on the shipping label, a hotel. Gregory Lagrone retrieved the parcel from the hotel, and surveillance officers followed him by car to his home. A short time later, the parcel wire activated a monitor with surveillance officers, indicating that the parcel had been opened. The officers then knocked and announced themselves. When no one answered, they entered the home without a warrant due to the risk of destruction of the marijuana. In the subsequent prosecution of Lagrone, the trial court granted his motion to suppress evidence obtained from the warrantless entry of the home. The State appeals. We ordered oral argument to ask the parties to address, in part, the relevance to this case of United States v. Jones, 132 S. Ct. 945 (2012), regarding the constitutionality of attaching a warrantless GPS tracking device to a person’s effects. The Scheduled Panel Members are: Judges Judges Najam, Kirsch and May. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Tuesday, December 18th
- 11:00 AM - Seth Anderson vs. Huntington County Board of Commissioners (35A04-1207-MI-357) Appellant-plaintiff Seth Anderson filed for access to public records from appellee-defendant Huntington County Board of Commissioners. His request was denied for “lack of particularity.” Anderson requested and obtained an advisory opinion by the Indiana Public Access Counselor, which affirmed the Board of Commissioners position for denial. This appeal followed
On appeal, Anderson argues that, as an issue of first impression, an email communication is a “public record” within the definition of Indiana Code section 5-14-3-2(n). Moreover, Anderson maintains that his requests were offered with “reasonable particularity” as required by Indiana Code section 5-14-3-9(f).
The Scheduled Panel Members are: Judges Baker, Riley and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 12/24/12):
- No oral arguments currently 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 December 17, 2012 08:41 AM
Posted to Upcoming Oral Arguments