Monday, September 29, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/29/14):
Thursday, Oct. 2
- 9:00 AM - Matter of the Civil Commitment of T.K. v. Department of Veteran's Affairs (49A02-1310-MH-878) The Marion Superior Court found T.K. was dangerous to others and gravely disabled, and issued an order involuntarily committing T.K. The Court of Appeals affirmed in T.K. v. Dept. of Veteran Affairs, No. 49A02-1310-MH-878 (Ind. Ct. App. Jan. 30, 2014) (NFP memo. dec.), transfer pending. T.K. has filed a petition seeking transfer of jurisdiction to the Supreme Court.
- 9:45 AM - Daniel Pierce v. State of Indiana (78S05-1407-CR-460) Pierce was charged with multiple counts of child molesting with respect to three children. The Switzerland Circuit Court denied his motion to sever. The Court of Appeals reversed and remanded for a new trial. Pierce v. State, No. 78A05-1305-CR-211 (Ind. Ct. App. 2014) (NFP memo. dec), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 2-1, Jan. 27, 2014 NFP opinion, involving, inter alia, admission of evidence re pornography.
- 10:30 AM - State Board of Funeral and Cemetery Services v. Settlers Life (49S05-1408-PL-514) The State Board of Funeral and Cemetery Service determined a life insurance policy issued by Settlers Life Insurance Company does not comply with Indiana's prepaid funeral and burial service statutes. On Settlers' petition for judicial review, the Marion Superior Court entered summary judgment for Settlers. The Court of Appeals affirmed. State Bd. of Funeral and Cemetery Serv. v. Settlers Life Ins. Co., 5 N.E.3d 1170 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a March 14, 2014 COA opinion, holding: "The Board argues that Settlers’s product was intended to provide funding for the purchase of funeral services or merchandise, which is the same purpose the products regulated by the Pre-Need Act were intended to fulfill; the Board contends that all lawful funeral trusts must comply with the Pre-Need Act. We find that Settler’s product does not fall within the jurisdiction of the Pre-Need Act. Affirmed."
Next week's oral arguments before the Supreme Court (week of 10/6/14):
- No arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 9/29/14):
Tuesday, Sept. 30
- 1:00 PM - Mosley v. State (Case# not provided) Officers acting on an anonymous tip that Jeremiah Mosley was making methamphetamine at his house and children might be present, approached the house on foot and detected a chemical smell they associated with the manufacture of methamphetamine. Mosley first told the officers that no one else was in the house, but when a loud crash came from inside, said it was caused by his wife. Due to the strong chemical odor, the noise and the inconsistent statements, officers entered the house to look for other occupants and saw in plain view items commonly associated with the manufacture of methamphetamine. Officers then obtained a warrant to search the house and during the more extensive search uncovered additional evidence. Mosley was convicted after a jury trial of dealing in methamphetamine, possession of chemical reagents or precursors with intent to manufacture, and possession of methamphetamine. He now appeals his convictions, arguing that: the evidence found inside his home was the product of an unconstitutional search and seizure and should have been excluded; allowing one of the officers to testify that Mosley admitted to previously manufacturing methamphetamine was fundamental error; and allowing evidence of Mosley's failed attempts to buy pseudoephedrine products was an abuse of discretion. The Scheduled Panel Members are: Judges Riley, Bailey and Robb [Where: Michigan City High School, Michigan City, IN]
Wednesday, Oct. 1
- 1:30 PM - Good Earth Natural Foods, et al v. Metropolitan Development Commission, et al (49A04-1403-PL-120) Good Earth Natural Foods and Patrick Skowrenek appeal the dismissal of their complaint for judicial review of a zoning decision made by Metropolitan Development Commission concerning variances sought by Broad Ripple Associates LLC with respect to the potential development of land. At issue are (1) the interpretation of the requirement under I.C. §36-7-4-1613 that, within 30 days of the filing of the complaint, parties must filed the record or seek an extension to do so, and (2) the showing necessary to justify variances from zoning regulation. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Friedlander and May [Where: Court of Appeals Courtroom, Statehouse]
Thursday, Oct. 2
- 1:30 PM - Weedman v. State (90A04-1311-CR-549) Derek Weedman was convicted of aggravated battery after a fight with his stepfather. He argues on appeal: 1) the trial court violated his Fifth Amendment right against self-incrimination by admitting evidence relating to Weedman's withdrawn insanity defense, including testimony of doctors appointed to evaluate him; 2) the prosecutor committed misconduct in commenting on Weedman's post-arrest silence, commenting on Weedman's withdrawn insanity defense, and offering inflammatory opening and closing arguments; and 3) the trial court should not have admitted an EMT's testimony about Weedman's mother's statements and should not have excluded evidence of Weedman's traumatic brain injury four years earlier. The Scheduled Panel Members are: Judges May, Barnes and Crone [Where: Northridge High School, Middlebury, IN]
Next week's oral arguments before the Court of Appeals (week of 10/6/14):
Tuesday, October 7
- 1:00 PM - Wilson v. State (49A02-1401-PC-49) Following a jury trial, Michael Wilson was convicted of murder for the 2007 death of Nupur Srivastava and sentenced to 60 years. Wilson subsequently filed a petition for post-conviction relief alleging his trial counsel’s assistance was ineffective in several respects. The post-conviction court denied Wilson’s petition for relief. Wilson now appeals, contending his trial counsel’s errors, both individually and cumulatively, constituted deficient performance that prejudiced him. The Scheduled Panel Members are: Judges Baker, Kirsch and Robb. [Where:Frankfort High School, Frankfort, IN]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast. [Note: This may be changing...]
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 September 29, 2014 08:31 AM
Posted to Upcoming Oral Arguments