Monday, April 08, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/8/13):
Thursday, April 11th
- 9:00 AM - Tyrice Halliburton v. State of Indiana (20S00-1206-LW-560) - After a trial by jury in which he was found to be guilty of felony murder, Halliburton was sentenced by the Elkhart Circuit Court to life imprisonment without the possibility of parole. In this direct appeal, Halliburton argues whether the court erred when it admitted certain crime scene photographs and exhibits and allowed certain testimony at trial, admitted evidence of a prior robbery at the victim’s residence, and admonished the jury in its limiting instruction regarding Indiana Evidence Rule 404(b).
- 9:45 AM - Cortney L. Schwartz v. Jodi S. Heeter (02S03-1301-DR-18) - The marital settlement agreement reached by the parties in this case included a “true up” provision for child support intended to account for fluctuations in Father’s annual income. When a post-dissolution dispute arose regarding interpretation of this provision, the trial court held that the provision contemplated application of the version of the Child Support Guidelines in effect during the income year in question. The Court of Appeals affirmed in part and reversed in part, a majority holding that the provision contemplated application of the 2009 Guidelines in effect when the agreement was made. Schwartz v. Heeter, 970 N.E.2d 197, clarified and aff’d on reh’g, 975 N.E.2d 820 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 10:30 AM - Kirk B. Lynch v. State of Indiana (40S05-1301-CR-23) - Lynch was convicted of attempted child molesting, a class A felony, and was sentenced by the Jennings Circuit Court to forty years with five years suspended. On appeal, the Court of Appeals, among other things, revised the sentence downward to twenty-five years with five years suspended, citing Appellate Rule 7(B). Kirk B. Lynch v. State, No. 45A05-1201-CR-26, slip op. (Ind. Ct. App. November 2, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Nov. 2, 2012 2-1 NFP COA opinion involving a sentencing revision.
Next week's oral arguments before the Supreme Court (week of (4/15/13):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/8/13):
Monday, April 8th
- 11:00 AM - C. B. v. State of Indiana (49A04-1207-JV-379) In March 2012, C.B. was alleged to be a delinquent child for committing what would have been battery if committed by an adult. One month later, the State and C.B. entered into a delinquent child admission agreement whereby the State dismissed the delinquency petition in a different cause for C.B.’s admission in the instant one. Also, if C.B. did not violate the terms of the agreement for 90 days, the State would dismiss the immediate petition. Six days later, C.B. was arrested for battery. A petition was filed for this offense but subsequently dropped. C.B. argued that because the petition had been dropped, the State failed to establish probable cause that she had violated her admission agreement. The State argues that this court lacks jurisdiction, because C.B.’s admission agreement is not a final judgment. The Scheduled Panel Members are: Judges Baker, Riley, and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Friday, April 12th
- 1:30 PM - L. S. v. Indiana Department of Child Services (49A02-1207-JT-604) L.S. (“Mother”) appeals the involuntary termination of her parental rights to her children, A.D.S. and A.S. (collectively, “the Children”). Due to concerns regarding Mother’s mental health, criminal behavior, and substance abuse, the Indiana Department of Child Services’ local office in Marion County (“MCDCS”) alleged that A.D.S., and subsequently A.S., were Children in Need of Services. MCDCS later moved to terminate the parent-child relationship between Mother and the Children. Mother challenges whether there was sufficient evidence to support the trial court’s order terminating the parent-child relationship. The Scheduled Panel Members are: Judges Mathias, Crone, and Bradford. [Where: Taylor University, Upland, Indiana ]
This week's oral arguments before the Court of Appeals (week of 4/15/13):
Tuesday, April 16th
- 1:00 PM - Love Jeet Kaur v. State of Indiana (29A05-1208-CR-424) Appellant Love Jeet Kaur appeals from the trial court’s denial of her motion to dismiss the criminal charges against her: Class D felony dealing in a synthetic cannabinoid, Class D felony possession of a synthetic cannabinoid, and Class D felony maintaining a common nuisance. Kaur argues on appeal that (1) the new Indiana Synthetic Drug Law is unconstitutional on the grounds that it is too vague to serve notice as to what behavior is prohibited and (2) it represents an unconstitutional delegation of authority by the General Assembly because it allows the Indiana Board of Pharmacy to alter the definition of “synthetic drug.” The State argues that (1) Kaur cannot mount a challenge to the Synthetic Drug Law because the drug she is alleged to have possessed and dealt is specifically mentioned in the relevant statutes, (2) the statutes in question are not unconstitutionally vague, and (3) allowing the Indiana Board of Pharmacy to alter the definition of “synthetic drug” is not an unconstitutional delegation of authority. The Scheduled Panel Members are: Judges Friedlander, Kirsch, and Bradford. [Where: Shortridge High School, Indianapolis, Indiana ]
Thursday, April 18th
- 2:30 PM - Paul Hassfurther v. State of Indiana (26A01-1208-CR-350) In this case, the appellant-defendant, Paul Hassfurther, appeals the trial court’s denial of his petition for judicial review that involved his refusal to take a chemical test for intoxication. Hassfurther argues that a police officer lacked probable cause to believe he was operating a vehicle while intoxicated. Hassfurther also maintains the evidence was insufficient to support the trial court’s determination that he refused a chemical breath test. The Scheduled Panel Members are: Judges Baker, Riley, and Bailey. [Where: Indiana Supreme Court 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 April 8, 2013 08:20 AM
Posted to Upcoming Oral Arguments