Monday, August 12, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 8/12/13):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 8/19/13):
Thursday, August 22nd
- 9:00 AM - Danielle Kelly v. State of Indiana (30S01-1303-CR-220) - Police were informed by a Fortville resident that Kelly had made arrangements for a drug transaction to take place at her home. When Kelly and the person driving Kelly’s car arrived at the home, police officers took them into custody. Cocaine was discovered during a search of the vehicle. The Hancock Circuit Court denied Kelly’s motion to suppress the cocaine. The Court of Appeals affirmed on interlocutory appeal. Kelly v. State, No. 30A01-1112-CR-584 (Ind. Ct. App. Aug. 30, 2012) (NFP mem. dec.), reh’g granted (Ind. Ct. App. Jan. 18, 2013) (NFP mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Michael Inman v. State of Indiana (49S00-1207-LW-376) - Inman was found guilty by a jury of the 2010 murder, felony murder, and robbery of a Fountain Square jewelry store owner. Inman was sentenced by the Marion Superior Court to life in prison without the possibility of parole. In this direct appeal, Inman asserts that Indiana Code section 35-50-2-9(l) is unconstitutional because it does not require the weighing of aggravators and mitigators be done “beyond a reasonable doubt,” and he raises issues related to the admission of evidence, the use of an exhibit, an instruction on felony murder, and the sentence.
- 10:30 AM - Demetrius Walker v. State of Indiana (49A02-1205-CR-380) - Walker was fighting with another man. Police repeatedly told the men to lie on the ground and stop fighting. When they did not do so, an officer said that if they did not lie flat on the ground immediately, they would both be tased. One man immediately dropped to the ground. Walker, with fists still clenched, stared at the officer for a second and then began to walk toward him. Two or three times, the officer told Walker to get on the ground. Walker did not obey and continued to approach. The officer deployed his taser. Following a bench trial in the Marion Superior Court, Walker was convicted of resisting law enforcement, a Class A misdemeanor. The Court of Appeals found sufficient evidence to support the conviction, and affirmed in Walker v. State, 984 N.E.2d 642 (Ind. Ct. App., Jan. 30, 2013). Walker has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This COA opinion, originally issued as NFP on 1/30/2013, was changed to FP on 3/4/2013.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 8/12/13):
- No arguments currently scheduled.
Tuesday, August 20th
- 10:00 AM - David M. Green v. State of Indiana ( 45A03-1210-PC-418) Appellant appeals the denial of his petition for post-conviction relief. In that petition and on appeal, Appellant claims his trial counsel was ineffective because counsel did not object to the empaneling of an anonymous jury for Appellant’s murder trial. Pursuant to Lake Superior Court policy at the time, trials were to be conducted in front of anonymous juries to address ongoing juror safety concerns. The Scheduled Panel Members are: Judges Baker, May, and Mathias. [Where: Indiana Court of Appeals 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 August 12, 2013 08:40 AM
Posted to Upcoming Oral Arguments