Monday, June 09, 2014
Ind. Courts - Indiana Supreme Court Arguments Are Being Set in September
Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law
The Indiana Supreme Court has filled its oral argument calendar through June and is now setting cases for argument in September. (As in prior years, it appears the justices will not hear arguments in July and August.)
Since this March 3 post, which analyzed oral arguments scheduled through April of this year, 29 new cases have been scheduled for oral argument.
|THU, SEP 25, 2014 at 9:00 AM||State of Indiana v. Michael Cunningham||FP||Pending|
|THU, SEP 18, 2014 at 9:45 AM||Rodregus Morgan v. State of Indiana||FP||Granted|
|THU, SEP 18, 2014 at 9:00 AM||Jason Young v. Hood's Gardens, Inc.||FP||Granted|
|THU, SEP 4, 2014 at 10:30 AM||Shawn Blount v. State of Indiana||FP||Granted|
|THU, SEP 4, 2014 at 9:45 AM||Ruben Rosales v. State of Indiana||FP||Granted|
|THU, SEP 4, 2014 at 9:00 AM||Gregory Zoeller, et al. v. James Sweeney, et al.||Direct Appeal||(unconst statute)|
|THU, JUN 26, 2014 at 10:30 AM||Scott F. Logan v. State of Indiana||NFP||Granted|
|THU, JUN 26, 2014 at 9:45 AM||Jonathan D. Carpenter v. State of Indiana||FP||Granted|
|THU, JUN 26, 2014 at 9:00 AM||Charles R. Stephenson v. State of Indiana||Direct Appeal||(LWOP)|
|TUE, JUN 17, 2014 at 9:45 AM||Joseph Buelna v. State of Indiana||NFP||Granted|
|TUE, JUN 17, 2014 at 9:00 AM||Wellpoint, Inc., et al v. National Fire Insurance, et al||NFP||Granted|
|THU, JUN 12, 2014 at 10:30 AM||Jeffrey A. Cleary v. State of Indiana||FP||Granted|
|THU, JUN 12, 2014 at 9:45 AM||Barbara Pohl v. Michael Pohl||FP||Granted|
|THU, JUN 12, 2014 at 9:00 AM||Indiana Patient's Compensation Fund v. Judy Holcomb||FP||Granted|
|THU, MAY 29, 2014 at 10:30 AM||Kevin Charles Isom v. State of Indiana||Direct Appeal||(death penalty)|
|THU, MAY 29, 2014 at 9:45 AM||Old National Bankcorp v. Hanover College||FP||Granted|
|THU, MAY 29, 2014 at 9:00 AM||State of Indiana v. Molly Gray||FP||Granted|
|THU, MAY 22, 2014 at 10:30 AM||State of Indiana v. Frank Greene||FP||Granted|
|THU, MAY 22, 2014 at 9:45 AM||Twin Lakes Regional Sewer District v. Richard C. Ray, et al.||56(A)||-|
|THU, MAY 22, 2014 at 9:00 AM||Indiana State Ethics Commission v. Patricia Sanchez||FP||Granted|
|THU, MAY 15, 2014 at 10:30 AM||Frank Jacobs v. State of Indiana||FP||Granted|
|THU, MAY 15, 2014 at 9:45 AM||Tin Thang v. State of Indiana||FP||Granted|
|THU, MAY 15, 2014 at 9:00 AM||TP Orthodontics, Inc. v. Andrew Kesling, et al.||FP||Pending|
|THU, MAY 8, 2014 at 9:45 AM||John Luttrell v. Melinda Luttrell||FP||Pending|
|THU, MAY 8, 2014 at 9:00 AM||Evansville Courier and Press, et al v. Vanderburgh County Health||FP||Granted|
|THU, MAY 1, 2014 at 10:30 AM||Jerry A. Smith v. State of Indiana||FP||Pending|
|THU, MAY 1, 2014 at 9:45 AM||Natural Resources Defense Council v. Poet Biorefining, et al||FP||Pending|
|THU, MAY 1, 2014 at 9:00 AM||First American Title Insurance Company v. Stephen Robertson, et al.||FP||Granted|
|THU, APR 24, 2014 at 10:30 AM||Seth A. Miller v. State of Indiana||FP||Pending|
Four of these cases are direct appeals to the supreme court. The supreme court has jurisdiction to hear death penalty, life without parole, and cases in which a statute has been declared unconstitutional. In addition, the court occasionally grants emergency transfer under Appellate Rule 56(A), allowing parties to bypass the court of appeals and have their appeal decided by the supreme court instead.
Of the remaining 25 cases before the supreme court on petitions to transfer:
- A slight majority (56%, or 14/25) are criminal cases. This is down slightly from the March post where 65% of cases were criminal.
- Nearly a quarter (24% or 6/25) of the arguments are in cases where transfer is pending. That is up from 17% in the March post.
- Only 12% (3/25) of the arguments are in cases decided by unpublished (NFP) decisions at the court of appeals. This is a significant decrease from 33% in the March post.
31% of cases decided this year not scheduled for oral argument
So far this year the Indiana Supreme Court has issued opinions in 14 cases without scheduling oral argument. The cases from the first quarter are discussed in this April 11 post about criminal cases and this April 28 post about civil cases.
Since April 1, the Indiana Supreme Court has decided 40% (4/10) of its criminal cases without hearing oral argument.
- Two of those cases (Brown and Fuller) were sentence reductions for juveniles convicted as adults for murder and robbery. The court has decided several sentencing cases in the past year without hearing oral argument.
- Harper involved prosecutor assent to a modification of sentence, a factually unique case.
- Wilson involved partially consecutive sentences and a pro se appellant, although the court invited and received amici briefs.
- Smith v. Delta Tau Delta relied on a similar case (Yost) decided earlier this year in deciding issues of liability for wrongful death from alcohol and hazing on a college campus.
- In re Mental Health Action v. A.S. involved fairly straightforward contempt principles in a factually uncommon case involving a co-worker who filed a petition for emergency detention.
Posted by Marcia Oddi on June 9, 2014 12:00 PM
Posted to Schumm - Commentary