Monday, February 10, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/10/14):
Thursday, February 13
- 9:00 AM - William Eisele v. State of Indiana (51A01-1304-PC-154) In 2004, Eisele pled guilty to burglary. Later, he filed a post-conviction petition asserting that he had been deprived of the effective assistance of counsel because trial counsel had not moved to suppress certain evidence before Eisele offered his plea. Citing Helton v. State, 907 N.E.2d 1020 (Ind. 2009), the Martin Circuit Court denied relief, and the Court of Appeals affirmed in Eisele v. State, No. 51A01-1304-PC-154 (Ind. Ct. App. Oct. 17, 2013) (NFP mem. dec), trans. pending. Eisele has petitioned the Supreme Court to accept jurisdiction over the appeal arguing that Helton and other Indiana precedent conflicts with Hill v. Lockhart, 474 U.S. 52 (1985). See also Missouri v. Frye, 132 S. Ct. 1399 (2012), and Premo v. Moore, 131 S. Ct. 733 (2011).
ILB: This is an Oct. 17, 2013 NFP COA opinion.
- 9:45 AM - Christopher Cross v. State of Indiana (73S01-1401-CR-29) Cross was convicted of several offenses arising out of a drug transaction, and was sentenced by the Shelby Superior Court to an aggregate term of 38 years. On appeal, Cross argued that convictions for carrying a handgun without a license and an enhancement for use of a firearm during the offense violated Indiana’s Double Jeopardy Clause, and other issues. The Court of Appeals affirmed in Cross v. State, 997 N.E.2d 1125 (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 Nov. 6, 2013 opinion that concluded:
Moreover, we find Cross’s claim that the Class A felony classifications should be found to be disproportionate in light of the upcoming overhaul to the criminal classifications and sentencing structure, which has been approved by the General Assembly in House Enrolled Act 1006, to be unpersuasive. * * * In sum, we reject Cross’s contention that the classification of Cross’s acts of dealing in cocaine and possession of cocaine as Class A felonies was disproportionate to the nature of his offenses. With regard to his use of a handgun during the commission of the dealing offense, we conclude that Cross was not punished twice for the same act in violation of the prohibitions against double jeopardy. We also conclude that Cross’s conviction for the lesser-included offense of Class A misdemeanor carrying a handgun without a license must be vacated.
- 10:30 AM - Kenyatta Erkins and Ugbe Ojile v. State of Indiana (58S01-1309-CR-586) Police obtained a recording of a telephone conversation between Erkins and co-defendant, Ugbe Ojile, discussing their plans to rob a particular person the next day and the necessity of using violence against that person. They were each charged with one count of conspiracy to commit robbery resulting in serious bodily injury, and one count of attempt to commit robbery resulting in serious bodily injury, both class A felonies. After the jury was sworn but before opening argument, the State moved to dismiss the attempt charges and to amend the conspiracy charges by substituting Ojile’s name for Erkins’s as the person who committed the overt act of surveilling the intended victim. That motion was granted by the Ohio Circuit Court over the defendants’ objections, and the jury found the defendants guilty as charged. The Court of Appeals affirmed. Erkins v. State, 998 N.E.2d 229 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer filed by Erkins and has assumed jurisdiction over the appeal.
ILB: This was a 4/23/13 COA opinion where the panel concluded:
We conclude that (1) the amendment to the charging information was one of form, not substance, and therefore the trial court did not err in permitting the amendment; (2) the evidence was sufficient to show that Appellants intended and agreed to commit a robbery of S.M. that would result in serious bodily injury, which is all that is required to obtain a conviction for class A felony conspiracy to commit robbery resulting in serious bodily injury; (3) the trial court did not abuse its discretion in admitting evidence gathered after Appellants left the casino; (4) most of the testimony interpreting Appellants’ conversation was helpful to the jury and therefore admissible, and any error in admitting inadmissible interpretations was harmless; and (5) the prosecutor did not present argument that was unsupported by the evidence and therefore did not commit misconduct let alone cause fundamental error. We also conclude that Ojile’s trial counsel did not render ineffective assistance. Accordingly, we affirm Appellants’ convictions.Transfer was granted to Appellant Kenyatta Erkins.
Next week's oral arguments before the Supreme Court (week of 2/17/14):
- No arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 2/10/14):
Tuesday, February 11
- 10:30 AM - Kenneth Griesemer vs. State of Indiana (49A04-1308-CR-382) Griesemer was convicted of patronizing a prostitute. He offered a ride to a police officer who was posing as a prostitute, and the officer told Griesemer she was trying to make some money, she asked him how much he had, and she offered to perform sex for money. Griesemer raised an entrapment defense but the trial court found him guilty. On appeal Griesemer argues the State did not prove he was predisposed to commit the offense. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Riley and May.
[Where: Supreme Court Courtroom (WEBCAST)]
- 1:00 PM - David Sesay vs. State of Indiana (49A02-1305-CR-434) Following a bench trial, David Sesay was convicted of public intoxication. He appeals his conviction, contending there was insufficient evidence to prove an element of the offense, namely that he endangered his life or the life of another when he was found early in the morning standing next to his car which was in a drainage ditch off the side of the road. The Scheduled Panel Members are: Judges Riley, Robb, and Bradford. [Where: Perry Meridian High School, 401 W. Meridian School Road, Indianapolis]
Next week's oral arguments before the Court of Appeals (week of 2/17/14):
Tuesday, February 18
- 1:30 PM - Thomson Inc., n/k/a Technicolor USA, Inc. v. Insurance Co. of N. America n/k/a Century Indemnity Co., et al ( 49A05-1109-PL-470) This appeal arises from a declaratory judgment action filed by Thomson against its liability and umbrella insurers to obtain insurance coverage for a class action tort case pending in Taiwan. At issue here are several partial summary judgment orders regarding coverage issues and defense costs, from which Thomson and the insurers have appealed and cross-appealed. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Crone and Bradford. [Where: Court of Appeals Court Courtroom (WEBCAST)]
- 1:00 PM - State Bd. of Funeral and Cemetery Service vs. Settlers Life Insurance Company (49A05-1307-PL-365) In this case, the State Board of Funeral and Cemetery Service appeals the trial court’s grant of summary judgment in favor of Settlers Life Insurance Company. The Board argues that a product sold by Settlers, comprised of an insurance policy with an option to assign the policy to a trust that funds funeral and burial goods and services purchased after death, falls under the Pre-Need Act, Indiana Code section 30-2-13-1 et seq., and that Settlers was selling this product in violation of the Act. The Scheduled Panel Members are: Judges Baker, Najam, and Crone. [Where: Court of Appeals 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 February 10, 2014 08:29 AM
Posted to Upcoming Oral Arguments