Monday, March 11, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/11/13):
Thursday, March 14th
- 9:00 AM - Ronald G. Becker v. State of Indiana (45S03-1301-CR-9) - Following his 1998 conviction for criminal deviate conduct, Becker had been registering annually as a sex offender pursuant to Indiana Code Section 11-8-8-14(a). The statute now requires that a person who is a “sexually violent predator” must register more frequently and continue registration for life. In 2008, when Becker sought relief from registration requirements, the trial court ordered that Becker was required to register annually. In 2011, Becker and the State executed an agreed entry, approved by the trial court, to the effect that Becker was no longer required to register. Less than a month later, the Department of Correction intervened and asserted that Becker was a sexually violent predator by operation of law, and was required to register for life. The trial court agreed, vacated the 2011 agreed order and the 2008 order, and ruled that Becker remains under an obligation to register as a sexually violent predator. The Court of Appeals affirmed in a not-for-publication decision without addressing whether the 2008 order, which was not appealed, was res judicata. Ronald G. Becker v. State, No. 45A03-1112-CR-539, slip op. (Ind. Ct. App. Jun. 14, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a June 14, 2012 NFP opinion.
- 9:45 AM - Kevin Clark v. State of Indiana (20S05-1301-CR-10) - At the trial in the Elkhart Superior Court, the contents of Clark’s duffel bag, which had been obtained in a warrantless search, were admitted into evidence, and a police officer was allowed to testify about the conversion ratio of pseudoephedrine to methamphetamine. Clark was convicted of attempted dealing in methamphetamine, a Class A felony. The Court of Appeals affirmed in Clark v. State, 977 N.E.2d 459 (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 Oct. 31, 2012 NFP COA opinion.
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 3/11/13):
Tuesday, March 12th
- 3:30 PM - Joseph J. Scott v. State of Indiana (45A04-1208-PC-420) Appellant Joseph Scott appeals from the denial of his petition for post-conviction relief. After pleading guilty to Class B felony operating a vehicle with a BAC of 0.15 or greater causing death and Class B felony resisting law enforcement causing death, Scott received two fifteen-year sentences, which were to be served consecutively. Scott argues that the consecutive nature of the sentences represents fundamental error and that his trial counsel was ineffective for failing to advise him that his consecutive sentences were illegal and for failing to perfect a direct appeal. The State argues that Scott may not bring a freestanding claim of fundamental error in a post-conviction proceeding and that he received effective assistance of trial counsel. The Scheduled Panel Members are: Judges Mathias, Crone and Bradford. [Where: Manchester University, North Manchester, Indiana 46962 ]
- 11:30 AM - Virgil D. Cornelious v. State of Indiana (49A04-1206-CR-335) Appellant appeals his conviction of and sentence for Class B felony aggravated battery, arguing the State did not present sufficient evidence he caused the victim serious permanent disfigurement or protracted functional impairment as required by statute, and his sentence is inappropriate based on the nature of his offense and his character.
The Scheduled Panel Members are: Judges Najam, May, and Sr. Judge Barteau.
[Where: Vincennes University-Shircliff Auditorium, Vincennes, IN]
- 1:45 PM - Terrence J. Fuqua v. State of Indiana (02A03-1207-CR-342) errance Fuqua (“Fuqua”) was convicted in Allen Superior Court of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felony possession of a controlled substance, Class D felony dealing in marijuana, and Class A misdemeanor possession of paraphernalia. The evidence used to convict Fuqua was obtained during the execution of a search warrant of his residence. The probable cause to support that warrant was based on evidence obtained during a search of Fuqua’s trash and statements from an anonymous informant and two confidential informants that Fuqua was dealing cocaine from his residence. Fuqua appeals his convictions and argues 1) that law enforcement officers lacked reasonable suspicion to search his trash, and 2) the search warrant was not supported by probable cause because the informants’ statements were not credible. In response, the State disputes those claims, but also argues that even if the search warrant lacked probable cause, the evidence obtained during the search was admissible because the law enforcement officers relied on the warrant in good faith. The Scheduled Panel Members are: Judges Kirsch, Mathias and Crone. [Where: Hamilton Southeastern High School, Fishers, IN]
Tuesday, March 19th
- 10:00 AM - State of Indiana vs. Darrell L. Keck (67A01-1208-CR-362) Appellee was stopped by police for driving on the left side of the road. Appellee moved to suppress evidence arising out of the stop, arguing he should not have been stopped because he couldn’t drive on the right side. The trial court found “driving left-of-center has become a necessity” because of county road conditions and granted the motion. The State appeals.
The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and May.
[Where: Paoli High School, 501 Elm Street, Paoli, Indiana 47454]
- 10:30 AM - Fishers Adolescent Catholic Enrichment vs. Elizabeth Bridgewater, et al ( 93A02-1202-EX-145) FACES, Inc., is private, non-profit organization formed to provide social and educational opportunities for home-schooled children. The founders of the organization are Catholic parents and the majority, though not all, of the members are Catholic. At the time this dispute arose, FACES offered a number of educational courses, none of which related to religion. FACES also sponsored occasional social events. In 2008, FACES sponsored a ball, and one of the parents, Elizabeth Bridgewater, requested special dietary accommodations for her child, Alyssa, who planned to attend. Alyssa suffers from a condition that can cause a life-threatening allergic reaction if she eats certain foods. The Bridgewaters were unhappy with FACES’ treatment of their daughter’s dietary needs and filed an accommodation complaint with the Indiana Civil Rights Commission (“ICRC”). Shortly thereafter, the Bridgewaters were expelled from FACES. They filed an additional complaint with the ICRC, alleging that FACES had retaliated against them due to their filing of the accommodation complaint. FACES moved to dismiss the complaints, arguing that the ICRC did not have jurisdiction over FACES, which it characterized as a religious-based organization. An ALJ ultimately ruled that the ICRC did have jurisdiction under Indiana’s Civil Rights Law (“ICRL”) because FACES’ functions “relate to” education. See Ind. Code § 22-9-1-3(1)(4). The ALJ later ruled on the merits of the Bridgewater’s complaints, concluding that FACES did not commit an unlawful discriminatory practice as to accommodating Alyssa, but did commit an unlawful discriminatory practice when it expelled the Bridgewater family after they filed the accommodation complaint. The ALJ awarded the Bridgwaters $5000 in damages and ordered FACES to: (1) cease and desist from retaliating against persons because they filed a complaint with the ICRC; (2) post a link to the ALJ’s order on all web sites on which they have communicated information regarding the case; and (3) offer reinstatement of the Bridgewater family to full membership, including all benefits. Both parties appealed, and the original order was affirmed in all respects, except in that the ALJ decreased the amount of damages to $2500. Both parties now appeal. The main issues raised on appeal relate to the ICRC’s jurisdiction over FACES and the corrective action FACES was ordered to undertake. In addition, the parties challenge the ALJ’s conclusions as to accommodation and retaliation, and damages. The Scheduled Panel Members are: Judges Bailey, Vaidik and Brown. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, March 20th
- 10:30 AM - Indiana Patient's Compensation Fund vs. Judy Holcomb (49A05-1207-CC-340) In an action for excess damages, the Indiana Patient’s Compensation Fund paid $101,166.89 to the estate of Mable Cochran for damages arising from her wrongful death. The issue of attorney’s fees was submitted separately to the trial court, which ordered the Fund to pay an additional $50,440.00 in reasonable attorney’s fees as part of the damages suffered by the estate. The Fund appeals, contending the attorney’s fees award should have been limited pursuant to Indiana Code section 34-18-18-1 to fifteen percent of the recovery. The Scheduled Panel Members are: Chief Judge Robb, Judges May and Pyle. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
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 11, 2013 08:54 AM
Posted to Upcoming Oral Arguments