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Monday, May 19, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/19/14):
Thursday, May 8
- 9:00 AM - Indiana State Ethics Commission v. Patricia Sanchez (49S02-1402-PL-80) Sanchez, a former state employee, petitioned for judicial review of an adverse determination by the Ethics Commission finding Sanchez violated a prohibition on personal use of state property and barring Sanchez from future state employment. The trial court granted Sanchez’s petition and vacated the Commission’s determination. The Court of Appeals affirmed, holding among other things that a prior probable cause determination made by a criminal court had preclusive effect in the subsequent ethics proceedings against Sanchez. Indiana State Ethics Comm’n v. Sanchez, 997 N.E.2d 16 (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 was an Oct. 8th, 2013 COA opinion, ruling:
Pursuant to Indiana Code Section 4-2-6-4(b)(2), if the OIG’s ethics complaint is not supported by probable cause the Ethics Commission may either “dismiss the complaint,” I.C. § 4-2-6-4(b)(2)(A)(iii), or “refer the alleged violation for additional investigation by the inspector general,” I.C. § 4-2-6-4(b)(2)(C). But there is nothing left for the inspector general to investigate here. As explained above, the trial court in the earlier criminal action found the information underlying the OIG’s ethics complaint to be stale and the evidence seized based on that information to be without probable cause. Those conclusions are only more true with the ensuing passage of time. Thus, the only option left for the Ethics Commission would be for it to formally dismiss the complaint. But we need not remand for mere formality. We affirm the trial court’s judgment.
- 9:45 AM - Twin Lakes Regional Sewer District v. Richard Ray, et al. (08S04-1402-MI-97) After the property owners failed to pay sewer bills, the Twin Lakes Regional Sewer District placed liens on their properties and sought to enforce the liens through tax sales. The Carroll Circuit Court granted the owners' requests to remove their properties from the tax sale list, finding Indiana Code section 13-26-14-4 prohibits real property from being sold at a tax sale when the only lien against the property is for an unpaid sewer bill. Twin Lakes appealed and sought immediate transfer of the appeal to the Supreme Court pursuant to Appellate Rule 56(A), which the Court granted.
- 10:30 AM - State of Indiana v. Frank Greene (49S02-1403-PC-172) Greene’s conviction for criminal confinement as a class B felony, see Indiana Code section 35-42-3-3, and other offenses was affirmed on direct appeal in a memorandum decision. Greene v. State, No. 49A05-0905-CR-250 (Ind. Ct. App. Feb. 17, 2010). The Marion Superior Court granted post-conviction relief on grounds counsel had been ineffective in failing to challenge the sufficiency of the evidence on the elevated confinement charge. Citing Long v. State, 743 N.E.2d 253 (Ind. 2001), and Redman v. State, 743 N.E.2d 263 (Ind. 2001), the Court of Appeals affirmed the trial court’s judgment granting post-conviction relief in State v. Greene, 2 N.E.3d 737 (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 was a Dec. 27, 2013 opinion re a petition for post-conviction relief where the COA concluded: "by failing to adequately research and bring a meritorious issue to the attention of the court, both trial and appellate counsels’ representation was inadequate and ineffective."
Thursday, May 29
- 9:00 AM - State of Indiana v. Molly Gray (62S01-1402-CR-76) A police officer initiated a traffic stop of Gray, during which the officer conducted a “canine sniff” around Gray’s vehicle. Methamphetamine was found in the vehicle and Gray was charged with a class D felony. The trial court granted Gray’s motion to suppress the drugs and the Court of Appeals affirmed in State v. Gray, 997 N.E.2d 1147 (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. 13, 2013 opinion where the COA concluded:
Without addressing the validity of the initial stop, we conclude that the free-air canine sniff was not conducted incidental to the traffic stop and so required reasonable suspicion to justify increasing the duration of the stop. Finding that Officer Jackson lacked reasonable suspicion, we hold that the seizure was a violation of the Fourth Amendment and that the trial court did not err in suppressing the evidence. We affirm.
- 9:45 AM - Old National Bankcorp v. Hanover College (68S05-1404-TR-296) Old National was the trustee of two trusts benefitting Hanover College. On Hanover's motions, the Randolph Circuit Court terminated both trusts and ordered Old National to transfer the trusts' assets to Hanover. Old National appealed, but the Court of Appeals dismissed the appeal, concluding Old National lacked standing in both its representative and personal capacities to appeal the orders. Old Nat'l Bancorp v. Hanover Coll., 999 N.E.2d 463 (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 Dec. 5, 2013 COA opinion concluding:
Old National, as Trustee, brought separate appeals from the trial court’s orders terminating both trusts. The two appeals were consolidated into one, and Hanover College filed a motion to dismiss the appeal alleging that Old National lacked standing. As this issue is dispositive, we need not and cannot consider the appeal on its merits, and, therefore, we dismiss.
- 10:30 AM - Kevin Charles Isom v. State of Indiana (45S00-0803-DP-125) In 2007, the State charged Isom with the murders of his wife and two step-children, and requested the death sentence. The jury convicted Isom of the murders, and unanimously recommended a death sentence. The Lake Superior Court sentenced Isom accordingly. In this direct appeal, Isom argues various errors occurred during trial and at sentencing.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/19/14):
- No oral arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 5/26/14):
- No oral arguments currently scheduled.
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
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 May 19, 2014 09:07 AM
Posted to Upcoming Oral Arguments