« Courts - More on "Federal judge strikes down Michigan ban on same-sex marriage" | Main | Ind. Decisions - Supreme Court posts opinion filed Friday, construing Juvenile Mental Health Statute’s limited immunity as prohibiting both use and derivative use of a juvenile’s statements to prove delinquency »
Monday, March 24, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/24/14):
- No oral arguments currently scheduled.
Thursday, March 20
- 9:00 AM - Per the Court: "The following cases are being combined for the purposes of oral argument ONLY." An additional 20 minutes has been added for argument.
Keion Gaddie v. State of Indiana (49S02-1312-CR-789) and Phillip Griffin v. State of Indiana (49S02-1401-CR-50) Gaddie. Responding to a report of a disturbance at a house, police officers directed people to the front yard. Everyone complied except Gaddie, who continued walking toward an alley. Police twice ordered him to stop, but he did not. Following a bench trial in the Marion Superior Court, he was convicted of resisting law enforcement, a class A misdemeanor. See Ind. Code § 35-44.1-3-1(a)(3). The Court of Appeals reversed in Gaddie v. State, 991 N.E.2d 137 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Griffin. Thinking that Griffin might have been “unstable,” a police officer stopped and asked what was happening. Griffin shouted incoherently, threw “two kinds of shadow punches” at the officer, and ran away. Griffin was ordered to stop, but he did not. He struck an officer as he was being taken into custody. In the Marion Superior Court, Griffin was convicted of resisting law enforcement, and of battery on a law enforcement officer. Ind. Code § 35-44-3-3 (2011) (resisting); Ind. Code § 35-42-2-1 (2009) (battery). The Court of Appeals reversed the convictions for resisting and affirmed the conviction for battery. Griffin v. State, 997 N.E.2d 375 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Gaddie was a July 3, 2013 COA opinion reversing the trial court:
Keion Gaddie appeals his conviction, following a bench trial, of resisting law enforcement, a Class A misdemeanor. Gaddie raises the following issue for our review: whether the evidence was insufficient to sustain his conviction because he was free to disregard law enforcement in what was a consensual encounter. Concluding that Gaddie had no duty to stop when law enforcement ordered him to do so, we reverse. * * *Griffin - This Oct. 23, 2013 3-opinion COA ruling (by Sr. Judge Shepard) addresses the question: "When there is no indication of possible criminal activity, does a citizen who walks away commit the crime of resisting arrest by departing?"
Gaddie was under no duty to stop when Officer Newlin ordered him to do so. Moreover, there was no reasonable suspicion which would justify a seizure of Gaddie. Thus, his conviction for resisting law enforcement is reversed.
ILB readers may recall the Murdock COA opinion from March 18, 2014 (ILB summary here, 3rd case, where the panel, by a 2-1 vote, came to the opposite conclusion from the Gaddie panel and the Griffin panel.
- 10:05 AM - Gary Oswalt v. State of Indiana (35S02-1401-CR-10) Oswalt was convicted of two counts of child molesting as class A felonies, and other offenses, in the Huntington Circuit Court. Among other things on appeal, the Court of Appeals held that he had failed to exhaust his peremptory challenges when he moved to strike Juror No. 28, and had waived review of the trial court’s denial of his motion to strike that juror for cause. Oswalt v. State, 995 N.E.2d 658 (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 9/3/13 COA opinion involved child molestation and child pornography with five issues ....
- 10:50 AM - Eric Danner v. State of Indiana (71S03-1402-PC-73) In this post-conviction proceeding, Danner asserted that as a result of having been prosecuted for certain traffic offenses filed in a St. Joseph traffic court, he could not also be prosecuted for felony possession of cocaine and other offenses in a St. Joseph felony court. See Danner v. State, 900 N.E.2d 9 (Ind. Ct. App. 2008) (affirming the felony conviction). As a result, he argued, he had been deprived of the effective assistance of counsel because his trial attorney had not moved for dismissal of the felony court charges pursuant to the “successive prosecution statute,” Indiana Code section 35-41-4-4(a). The post-conviction court denied relief, noting that the evidence presented at the post-conviction hearing provided no basis for determining what the prevailing professional norm would be given the apparently unique circumstances of the case. The Court of Appeals affirmed in Danner v. State, No. 71A03-1304-PC-146 (Ind. Ct. App. Oct. 30, 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 an Oct. 30, 2013 NFP opinion affirming the post-conviction court's finding that Danner failed to prove his ineffective assistance of trial counsel claim.
Webcasts of Supreme Court oral arguments are available here.
This 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]
Monday, March 31
- 10:00 AM - State of Indiana vs. David Lott Hardy (49A02-1309-CR-756) The State appeals the trial court’s dismissal of its four charges of Class D felony official misconduct against David Lott Hardy, the former Chairman of the Indiana Utility Regulatory Commission. The bases for the charges were four of Hardy's actions between 2008 and 2010 that allegedly violated Indiana law, including a violation of Indiana ethics laws, a civil law infraction, and two violations of administrative regulations. Under a previous version of Indiana's official misconduct statute, IC 35-44-1-2 (2010), the State could charge a public servant with official misconduct for "knowingly or intentionally perform[ing] an act that the public servant [was] forbidden by law to perform." Historically, the phrase "forbidden by law" included administrative and civil violations such as the ones for which the State charged Hardy. However, in 2011, the Indiana Legislature amended IC 35-44-1-2 so that a public servant could only be charged for "an offense" committed "in the performance of the public servant's official duties." Pursuant to IC 35-31.5-2-215 and IC 35-31.5-2-75, the term "offense"; only encompasses felonies or misdemeanors. The trial court dismissed the charges against Hardy because it determined that this amendment was remedial in nature and applied to Hardy retroactively, even though his alleged violations occurred before the amendment. On appeal, the State disputes the trial court's interpretation of the amendment as remedial and its dismissal of the State's charges based on a retroactive application of the amendment.
The Scheduled Panel Members are: Judges Mathias, Bradford, and Pyle.
[Where: Court of Appeals Court Courtroom (WEBCAST)]
ILB: For background on the David Lott Hardy trial court opinion, see this Sept. 9, 2013 ILB post.
Wednesday, April 2
- 1:30 PM - Brandon Brummett v. State (49A02-1304-CR-378) Brandon Brummett appeals his convictions of Class B felony child molesting, Class C felony child molesting and three counts of Class D felony sexual misconduct with a minor. He argues that the State committed prosecutorial misconduct that rose to the level of fundamental error; that a victim's testimony was incredibly dubious; and that the trial court abused its discretion when it admitted evidence about allegations of molestation that occurred outside of Indiana. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Baker and May. [Where: Vincennes University, Shircliff Hall E101, Vincennes, IN]
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 24, 2014 07:55 AM
Posted to Upcoming Oral Arguments