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Monday, March 17, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/17/14):
Thursday, March 20
- 9:00 AM - Randy Knapp v. State of Indiana (28S00-1305-LW-327) Knapp was convicted of murder following a jury trial, and was sentenced by the Greene Circuit Court to life without the possibility of parole. In this direct appeal from the conviction and sentence, Knapp raises issues about the admission of evidence, certain instructions, and the sentence.
- 9:45 AM - Detona Sargent v. State of Indiana (49S02-1312-MI-790) When the State petitioned for forfeiture of Sargent’s car after her conviction for theft, the Marion Superior Court granted the State summary judgment. The Court of Appeals affirmed, holding that a sufficient nexus exists between the theft and the car and that neither an exemption statute, Indiana Code Section 34-55-10-2, nor Article 1, Section 22 of the Indiana Constitution prohibits the forfeiture. Sargent v. State, 985 N.E.2d 1108 (Ind. Ct. App. 2013), reh’g denied, vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: In an April 8th, 2013 opinion, the question involved the forfeiture of Sargent’s vehicle pursuant to Indiana Code Section 34-24-1-1(a)(1)(B). The ruling:
In sum, we hold that the State demonstrated a sufficient nexus between the underlying crime and the seized property. We also hold that neither Indiana’s statutory bankruptcy exemptions nor Article I, Section 22 of the Indiana Constitution required the trial court to exempt Sargent’s vehicle from forfeiture. Accordingly, we affirm the court’s forfeiture order.
- 10:30 AM - Matter of C.A.H. (49S02-1401-AD-30) The Marion Superior Court granted a stepmother's petition to adopt a child after service on the biological mother was made by publication. The Court of Appeals affirmed, holding that the stepmother had made a diligent search for the biological mother. Matter of C.A.H., 49A02-1302-AD-129 (Ind. Ct. App. July 23, 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 July 23, 2013 NFP COA opinion where the issue was "whether the trial court erred when it denied her motion because she contends that the adoption decree, which was entered without notice to her, was void for lack of personal jurisdiction and violated her due process rights." The COA affirmed.
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 3/17/14):
Monday, March 17
- 1:30 PM - Sheaff Brock Investment Advisors LLC v. David Morton (case no: none provided) Sheaff Brock appeals the trial court's entry of partial summary judgment in favor of David Morton on Morton's complaint alleging breach of contract, unpaid wages, and constructive fraud. In particular, Sheaff Brock contends that the trial court erred when it concluded that Sheaff Brock breached its contract with Morton when it changed his additional compensation structure and that Sheaff Brock violated the Wage Claims Act. Morton cross-appeals and contends that the trial court erred when it denied his motion for summary judgment on the issue of Sheaff Brock's alleged constructive fraud. Finally, Morton seeks appellate attorney's fees. The Scheduled Panel Members are: Judges Baker, Najam, and Crone. [Where: Court of Appeals Court Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 3/24/14):
Tuesday, March 25
- 1:00 PM - Aubrey Thompson v. State of Indiana (49A02-1307-CR-606) Aubrey Thompson appeals her conviction for Class B misdemeanor public intoxication. On November 18, 2012, officers with the Indianapolis Metropolitan Police Department were dispatched to the residence of Thompson’s friends Denise Robinson to investigate an altercation between Robinson and her boyfriend. Thompson was present when the officers arrived on the scene, and the officers observed her to be intoxicated. As the officers questioned Robinson and her boyfriend about the alleged altercation, Thompson interrupted several times. Each time, the officers asked Thompson to step away. Eventually, Thompson retrieved her purse and advised that she intended to drive away. Fearing that Thompson was putting herself and others on the roadway in danger, the officers arrested Thompson for public intoxication. Thompson claims there is insufficient evidence that she endangered herself or others. The Scheduled Panel Members are: Judges Riley, Robb, and Bradford. [Where: Terre Haute South High School, 3737 South 7th Street, Terre Haute]
Thursday, March 27
- 11:00 AM - Charles Corn v. State (84A01-1304-CR-161) After a jury trial, Charles Corn was convicted of class B felony aggravated battery. Corn stabbed a man approximately four hours after the man had physically attacked Corn. At trial, the prosecutor asked the investigating officer whether he had spoken to Corn, and the officer stated he did not because Corn asked for an attorney. Corn raises two issues on appeal: Whether the officer's statements commenting on Corn's silence rose to the level of fundamental error; and whether the State sufficiently met its burden of proof to disprove Corn's claim of self-defense. The Scheduled Panel Members are: Judges Robb, Riley, and Bradford. [Where: Indiana State University, Hulman Memorial Student Union Building, Terre Haute]
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 March 17, 2014 08:22 AM
Posted to Upcoming Oral Arguments