Monday, April 14, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/14/14):
- No oral arguments currently scheduled.
Thursday, April 24
- 9:00 AM - Curtis Sample v. State of Indiana (45S03-1401-CR-11) Sample was convicted of murder, see Sample v. State, 932 N.E.2d 1230 (Ind. 2010), and on remand, was found to be an habitual offender. During the habitual offender phase, the State called witnesses who testified that the victim in the predicate offenses had mental health issues. Citing Hollowell v. State, 753 N.E.2d 612 (Ind. 2001), the Court of Appeals affirmed in Sample v. State, No. 45A03-1302-CR-52 (Ind. Ct. App. Sept. 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 is a 9/19/13 NFP COA opinion where the issue was "Did the trial court commit reversible error in permitting prosecution witnesses to testify that the victim of two predicate offenses was mentally infirm?" The opinion ends with this interesting statement:
Sample urges us to adopt the contrary view expressed by Justice (now Chief Justice) Dickson and Justice Rucker in Hollowell (2001). It is not within our prerogative to do so, as that view was expressed in a dissenting opinion, and did not carry the day. Pursuant to Hollowell, the trial court did not err in permitting Ryan and Papadakis to testify about the memorable aspect of the case in which each was, respectively, involved.
- 9:45 AM - Robert Corbin v. State of Indiana (75S03-1401-CR-13) Corbin, a teacher, sent messages to a student asking her to take care of his sexual arousal, to sneak out of the house so he could pick her up, etc. Corbin was charged with attempted child seduction, IC 35-42-4-7. The Starke Circuit Court denied Corbin’s motion to dismiss. In this interlocutory appeal, the Court of Appeals reversed, deciding that Corbin’s internet-based solicitations did not constitute a substantial step toward the crime of child seduction. Corbin v. State, 999 N.E.2d 70 (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 an 10/11/13 opinion, in a case involving Facebook solicitations, where the COA concluded: "Corbin did not take the substantial step required to amount to attempted child seduction."
- 10:30 AM - Seth A. Miller v. State of Indiana (63A01-1210-CR-475) Following a jury trial in Pike Circuit Court, Miller was convicted of Corrupt Business Influence, IC 35-45-6-2, and other offenses. The Court of Appeals reversed this conviction on grounds there was insufficient evidence to establish the element of an “enterprise” within the meaning of the statute. Miller v. State, 992 N.E.2d 791 (Ind. Ct. App. 2013), trans. pending. The State has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a July 31, 2013 COA opinion in a case including a conviction for Corrupt Business Influence:
The evidence in this case simply fails to establish the necessary element of an enterprise within the meaning of the statute. Accordingly, we need not reach the additional issue of whether their episode of conduct qualifies as a pattern of racketeering activity. The conviction for corrupt business influence is reversed and the sentence of eight years thereon is vacated. In all other respects the judgment is affirmed.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/14/14):
Tuesday, April 15
- 1:00 PM - Andrew J. Rogers v. Sigma Chi International Fraternity, et al (84A04-1305-CT-224) Andrew Rogers was physically assaulted during a party at a house rented by some members of Sigma Chi’s Terre Haute chapter. He sued the international fraternity, the local chapter, and certain individuals for his injuries. The trial court granted summary judgment for the defendants. Rogers argues on appeal the defendants were in possession of the house for premises liability purposes and they had a duty to protect Rogers from a foreseeable criminal attack by a third party while he was there.
The Scheduled Panel Members are: Judges May, Brown, and Senior Judge Barteau.
[Where: University of Southern Indiana, Carter Hall, Evansville, Indiana]
- 3:00 PM - Tuggle v. State (49A05-1308-CR-413) Tuggle arrived at an Indianapolis hospital emergency room, claiming to be the victim of a shooting and an armed robbery. Although the police seized Tuggle’s clothing from the hospital and obtained a search warrant prior to performing any DNA testing, Tuggle contends that the DNA test results confirming that Tuggle was a suspect in another shooting should not have been admitted into evidence. Tuggle argues that he never relinquished any privacy rights in his property and the clothing showed no immediate apparent incriminating characteristics. Thus, Tuggle claims that the initial seizure of his clothing violated his rights to be free from unreasonable search and seizure under the Fourth Amendment to the United States Constitution and Article I Section 11 of the Indiana Constitution. Therefore, Tuggle contends that the results of the DNA testing on the clothing were improperly admitted into evidence. The State counters that the clothing was properly seized and secured under both the plain view doctrine and the presence of exigent circumstances. The State argues that a search warrant allowing the DNA testing was properly obtained, and there was no violation of either the Fourth Amendment or the Indiana Constitution. Hence, the State asserts that the results of the DNA testing pointing to Tuggle as a suspect of the murder were properly admitted into evidence. Tuggle was ultimately convicted of murder and sentenced to fifty years of incarceration. This appeal ensues. The Scheduled Panel Members are: Judges Baker, Barnes, and Crone. [Where: Supreme Court Courtroom (WEBCAST)]
Wednesday, April 16
- 1:30 PM - MSD of Martinsville v. Rebecca Jackson et al (55A01-1304-CT-182) After Martinsville West Middle School students Chance Jackson and Brandon Kent were injured during a school shooting by former student Michael Phelps, Jackson and Kent filed a lawsuit against the Metropolitan School District of Martinsville alleging that the School District breached its duty to keep Jackson and Kent safe. The School District filed a motion for summary judgment, which the trial court denied. The School District now appeals the trial court's order denying its motion for summary judgment, arguing that it is immune from liability under the Indiana Tort Claims Act, that the shooting was not foreseeable, and that the School District did not breach its duty to Jackson and Kent, and that Jackson was contributorily negligent. The Scheduled Panel Members are: Judges Robb, Mathias, and Bradford. [Where: Taylor University, 236 W. Reade Ave., Upland, IN]
Next week's oral arguments before the Court of Appeals (week of 4/21/14):
Thursday, April 24
- 10:30 AM - Betina Pierson v. Service America Corp., et al (49A02-1307-CT-561) Trenton Gaff was intoxicated when his vehicle struck and killed twelve-year-old Tierra Rae Pierson and injured twelve-year-old January Canada. Earlier in the day, Gaff had attended a Colts game at Lucas Oil Stadium and had consumed alcoholic beverages at a pre-game tailgate party, during the game, and at a post-game tailgate party. Separate lawsuits were filed on behalf of Pierson's estate and Canada, alleging that Centerplate, the vendor of alcoholic beverages at Lucas Oil Stadium, had violated Indiana's Dram Shop Act by providing alcoholic beverages to a visibly intoxicated person and had committed common law negligence by failure to adequately train servers. The trial court granted summary judgment to Centerplate, concluding that there was no evidence that a Centerplate designee served alcohol to Graff while he was visibly intoxicated. Pierson claims that genuine issues of material fact preclude summary judgment and that the trial court did not view the evidence in the light most favorable to the non-movant, as required by the Indiana summary judgment standard. The Scheduled Panel Members are: Judges Najam, Bailey, and May. [Where: New Castle High School, 801 Parkview Drive, New Castle, 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 April 14, 2014 08:40 AM
Posted to Upcoming Oral Arguments