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Monday, March 03, 2014

Ind. Decisions - Fourteen New Cases Added to the Indiana Supreme Court’s Oral Argument Calendar

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law

Updating this post from November 27, in the past month the Indiana Supreme Court has added the following fourteen cases to its oral argument calendar.

THU, APR 24, 2014 at 9:45 AM Robert Corbin v. State of Indiana FP Granted
THU, APR 24, 2014 at 9:00 AM Curtis Sample v. State of Indiana NFP Granted
THU, APR 10, 2014 at 10:30 AM Nick McIlquham v. State of Indiana FP Granted
THU, APR 3, 2014 at 9:45 AM Phillip J. Griffin v. State of Indiana FP Granted
THU, APR 3, 2014 at 9:00 AM Keion Gaddie v. State of Indiana FP Granted
THU, MAR 20, 2014 at 10:30 AM Matter of C.H.; J.E. v. L.H. NFP* Granted
THU, MAR 20, 2014 at 9:45 AM Detona Sargent v. State of Indiana (civil) FP Granted
THU, MAR 20, 2014 at 9:00 AM Randy L. Knapp v. State of Indiana Direct appeal (LWOP)
THU, MAR 13, 2014 at 10:30 AM Paternity of I.B., K.H. v. L.B. NFP* Pending
THU, MAR 13, 2014 at 9:45 AM Michael E. Lyons, et al. v. Richmond Community School Corporation, et al. FP Granted
THU, MAR 13, 2014 at 9:00 AM Mayor Gregory Ballard v. Maggie Lewis, et al. Direct appeal 56(A)
THU, FEB 13, 2014 at 10:30 AM Kenyatta Erkins and Ugbe Ojile v. State of Indiana FP Granted
THU, FEB 13, 2014 at 9:45 AM Christopher Cross v. State of Indiana FP Granted
THU, FEB 13, 2014 at 9:00 AM William Eisele v. State of Indiana NFP Pending
*Motion to publish denied

Two of the fourteen cases are direct appeals. Ballard v. Lewis is the Marion County City-County Council redistricting case in which the Court granted emergency transfer under Appellate Rule 56(A). Knapp v. State is a life without parole case, which is a direct appeal to the Supreme Court under Appellate Rule 4(A)(1)(a).

Of the remaining twelve transfer cases, one-third (4/12) involve unpublished opinions from the Court of Appeals. Interestingly, in two of those cases the losing party (Appellant) filed a motion to publish with the Court of Appeals, which was denied.

The earlier practice of scheduling oral argument to decide whether to grant appears to be declining. Less than 17% (2/12) of the transfer cases involve pending petitions to transfer.

Finally, almost 65% (9/14) of the arguments are in criminal cases. The three criminal cases argued on February 13 were scheduled for oral argument on fairly short notice. (The two cases that had previously been scheduled for oral argument on February 13 were removed from the calendar; one was continued, and the Court dismissed the petition in the other upon the request of the Appellant.) The order in Erkins/Ojile was issued January 16, and the orders in Eisele and Cross were issued on February 4. As counsel in one of those cases, I can report that the court administrator calls and secures counsels’ consent before scheduling oral argument with less than a month’s notice.

Posted by Marcia Oddi on March 3, 2014 11:42 AM
Posted to Schumm - Commentary