Monday, September 30, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/3/13):
Thursday, October 3
- 9:00 AM - VFW Post 2953 v. City of Evansville AND Paul Stieler Enterprises, Inc. v. City of Evansville (882S01-1306-PL-00437 AND 82S01-1306-CT-00436) - The City of Evansville passed an ordinance banning smoking in workplaces and other public places, including private clubs and taverns, but exempting riverboat casinos. Several private clubs and tavern owners sought injunctive and declaratory relief on grounds the ordinance violates the Indiana Constitution. The Vanderburgh Circuit Court denied injunctive relief and entered a judgment upholding the ordinance. The Court of Appeals affirmed. See VFW Post 2953 v. City of Evansville, (Ind. Ct. App. Feb. 15, 2013) (NFP mem. dec.), vacated, and Paul Stieler Enterprises, Inc. v. City of Evansville, (Ind. Ct. App. Feb 15, 2013) (NFP mem. dec.), vacated. The Supreme Court has granted petitions to transfer the cases and has assumed jurisdiction over the appeals.
ILB: These were two Feb. 17, 2013 NFP opinions where the COA said "that a Vanderburgh County judge correctly denied injunctions requested by a group of tavern owners and private clubs against Evansville's smoking ban, which took effect last April," per this ILB post which also asked why these opinions had not been deemed for-publication, as they appear to meet the Rule 65(A) criterion: "involves a legal or factual issue of unique interest or substantial public importance."
- 9:45 AM - Ernesto Ramirez v. State of Indiana (45S05-1305-CR-331) - The Lake Superior Court released a juror from service, and Ramirez moved for a mistrial on grounds the jury had been “tainted.” The trial court denied the motion for mistrial, and Ramirez was convicted of murder and criminal gang activity. The Court of Appeals affirmed in a memorandum decision. Ramirez v. State, (Ind. Ct. App. Feb. 19, 2013) (NFP mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 2/19/13 NPF COA opinion that concluded:
The trial court properly denied Ramirez’s motion for a mistrial as a result of the incident with Juror 282. Further, Ramirez’s sentence is not inappropriate in light of the nature of the offense and the character of the offender. We affirm.
- 10:30 AM - Alva Electric, Inc., et al. v. Evansville Vanderburgh School Corp., et al. (82S01-1307-PL-473) -
When local taxpayers and contractors filed a lawsuit against a school corporation and a private educational foundation and accused them of violating public bidding laws and the Indiana Antitrust Act in connection with the renovation of an administration building, the Vanderburgh Circuit Court granted summary judgment to the school corporation and the educational foundation. The Court of Appeals reversed. Alva Elec., Inc. v. Evansville Vanderburgh Sch. Corp., 984 N.E.2d 668 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a March 6, 2013, 2-1 COA opinion involving whether "the renovation of the administration building constituted a public work project that should have been subject to the public bidding laws of Indiana."
Next week's oral arguments before the Supreme Court (week of 10/7/13):
Thursday, October 10th
- 9:00 AM - Walter E. Smith, Jr. v. State of Indiana, (84A04-1112-CR-637) - Officers observed the appellant crossing the center lane while driving a U-Haul truck, and they initiated a traffic stop during which an officer’s dog alerted to the presence of drugs. Pursuant to a search warrant, the officers entered the truck’s cargo area and found two brick-like vacuum-sealed packages wrapped in duct tape, which contained more than 1,997 grams of cocaine. Smith was convicted of dealing in cocaine, a class A felony. At trial, Smith tendered a jury instruction based on Robey v. State, 454 N.E.2d 1221 (Ind. 1983); the Vigo Superior Court refused the instruction on grounds its substance was covered by the court’s own instructions. The Court of Appeals affirmed in Smith v. State, 981 N.E.2d 1262 (Ind. Ct. App. 2013). The appellant has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a Feb. 6, 2013 COA opinion.
- 9:45 AM - David Delagrange v. State of Indiana (49S04-1304-CR-249) - Delagrange attached a video camera to his shoe and obtained images of the area beneath the skirts of female minors. He was charged with child exploitation, which prohibits capturing images of “sexual conduct by a child.” See Ind. Code §§ 35-42-4-4(b)(1); 35-42-4-4(a)(4) (defining sexual conduct). The Marion Superior Court denied his motion for a directed verdict, and a jury found him guilty of attempted child exploitation. A divided Court of Appeals held that the phrasing of the statutes requires the child be performing the sexual conduct, and reversed the convictions in Delagrange v. State, 951 N.E.2d 593 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Jan. 25, 2013 2-1 Court of Appeals opinion. See this June 6th ILB post headed "Supreme Court to review child exploitation charges."
- 10:30 AM - In re G.P.; J.A. v. Indiana Department of Child Services (49S02-1308-JT-558) - When the Department of Child Services petitioned the Marion Superior Court to terminate a mother’s parental rights, the mother moved to dismiss and argued the court denied her due process by failing to appoint counsel for her during a prior case in which her child was declared in need of services; the court denied the mother’s motion to dismiss and terminated her parental rights. The Court of Appeals affirmed, holding that the mother was not denied due process and that sufficient evidence supports the termination of her parental rights. In re G.P., 985 N.E.2d 786 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was an 11-page, April 28 COA opinion: "Concluding that Mother was not denied her due process rights when the trial court failed to appoint her counsel in the CHINS case, and that sufficient evidence supports the termination of her parental rights, we affirm."
This week's oral arguments before the Court of Appeals (week of 9/30/13):
- No arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 10/7/13):
Monday, October 7th
- 1:30 PM - Richard E. Simmons vs. State of Indiana (55A01-1209-CR-444) Richard Simmons was convicted of eight offenses arising out of an incident where he shot at police officers who were trying to serve a warrant on him. He argues on appeal he should not have been convicted of attempted murder because the police he shot at were behind a wall and there was no evidence he knew they were there. Simmons also argues the jury was not properly instructed and his sentence was inappropriate. The Scheduled Panel Members are: Judges May, Pyle, and Sr. Judge Shepard. [Where: Randall T. Shepard Academy For Law And Special Justice, Harrison High School Auditorium, Evansville, Indiana]
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 September 30, 2013 07:14 AM
Posted to Upcoming Oral Arguments