Monday, February 04, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (2/4/13):
Thursday, February 7th
- 9:00 AM - Ronnie Jamel Rice v. State of Indiana (45S00-1206-CR-343) - Rice pled guilty to murder, felony murder and robbery. The Lake Superior Court sentenced him to life imprisonment without the possibility of parole for the murder. In this direct appeal, Rice argues the trial court erred when it considered non-statutory aggravators and that the LWOP sentence should be revised pursuant to Appellate Rule 7(B).
- 9:45 AM - Ian McCullough v. State of Indiana (49A02-1106-PC-571) - After McCullough’s convictions for child molesting were affirmed on direct appeal in McCullough v. State, No. 49A02-0805-CR-411, slip op. (Ind. Ct. App. Jan. 13, 2009), the Marion Superior Court denied post-conviction relief. A divided Court of Appeals affirmed in McCullough v. State, 973 N.E.2d 62 (Ind. Ct. App. 2012), trans. pending. McCullough has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is an August 27, 2012, 2-1 COA opinion.
- 10:30 AM - Joseph Peters v. State of Indiana (59A01-1108-CR-330) - Peters filed a motion to dismiss child molesting charges on grounds the State had failed to bring him to trial in a timely manner. The Orange Circuit Court denied the motion. The Court of Appeals affirmed on interlocutory appeal in an unpublished decision. Peters v. State, No. 59A01-1108-CR-330, slip op. (Ind. Ct. App. Jul. 31, 2012), trans. pending. Peters has petitioned the Supreme Court to accept jurisdiction over the appeal, asserting that the Court of Appeals erred in its analysis of his rights to a speedy trial under the Sixth Amendment to the U.S. Constitution and Article 1, Section 12 of the Indiana Constitution and Barker v. Wingo, 407 U.S. 514 (1972).
ILB: This is a July 31, 2012, NFP COA opinion.
Next week's oral arguments before the Supreme Court (week of (2/11/13):
Thursday, February 14th
- 9:00 AM - Barbara Johnson, et al. v. Joseph Wysocki, et al. (45S04-1211-CT-634) - The Lake Superior Court entered judgment in favor of the homebuyers on their claim of fraudulent misrepresentation against the sellers. The Court of Appeals reversed in an unpublished memorandum decision, holding that the evidence was insufficient to support finding of fraudulent misrepresentation. Johnson v. Wysocki, 45A04-1111-CT-610 (Ind. Ct. App. July 30, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. (03S04-1211-CC-645) - The Bartholomew Circuit Court entered an order denying M & M Investment Group’s petition for issuance of a tax deed. The Court of Appeals affirmed, concluding that Indiana’s pre-tax-sale notice statute, Indiana Code Section 6-1.1-24-3, “violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected.” M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., 972 N.E.2d 889, 896 (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 July 16, 2012 COA opinion.
- 10:30 AM - Mary E. Santelli v. Abu M. Rahmatullah (49S04-1212-CT-667) - The Marion Superior Court entered judgment on a jury verdict in this negligence case, in which the jury allocated fault (1% to the murdered motel guest, 2% to the motel owner, and 97% to the killer) and assessed 2% of total damages against the motel owner. The Court of Appeals reversed and remanded for a new trial on fault allocation after it concluded that the trial court erred by not instructing the jury on the motel owner’s liability under the “very duty doctrine.” Santelli v. Rahmatullah, 966 N.E.2d 661 (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 an March 29, 2012 NFP COA opinion
This week's oral arguments before the Court of Appeals (week of 2/4/13):
Thursday, February 7th
- 11:00 AM - Jerome Kleber vs. Carla (Kleber) Butorac ( 02A03-1207-DR-321) Jerome Kleber and Carla Butorac divorced in 1994, at which time the trial court approved the parties’ marital settlement agreement. Included in the agreement was a provision stating the parties’ intent to provide for their four children’s post-high school education. In 2009, various motions were filed, and the trial court ultimately ordered Kleber to pay Butorac for one-third of the cost of their children’s post-high school education, offset by a retroactive decrease in his child support obligation, and attorney’s fees. On appeal, Kleber argues the trial court erred in ordering him to pay Butorac for one-third of their children’s post-high school education and for her attorney’s fees. The Scheduled Panel Members are: Chief Judge Robb, Judges May and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, February 13th
- 1:30 PM - Charles Meriwether vs. State of Indiana (49A02-1208-CR-676) Charles Meriwether appeals his conviction of Class A misdemeanor possession of marijuana and Class D felony possession of paraphernalia, arguing his Fifth Amendment and Article 1, Section 14 rights to be free from self-incrimination were violated when police detained and questioned him without first giving him a Miranda warning. The Scheduled Panel Members are: Judges Riley, May and, Vaidik. [Where: Supreme Court Courtroom (WEBCAST)]
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 February 4, 2013 08:24 AM
Posted to Upcoming Oral Arguments