Monday, January 12, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/12/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 1/19/15):
Wednesday, Jan. 21
- 9:00 AM - Dee Ward v. State of Indiana (49A02-1401-CR-25) Ward repeatedly struck a woman with a leather belt, seriously injuring her, and Ward was convicted of battery. The woman did not testify at the bench trial in the Marion Superior Court; Ward was identified as the attacker by medical personnel based on comments the woman made during treatment. The Court of Appeals affirmed after concluding that the woman’s statements were not testimonial, and therefore the U.S. Constitution’s Sixth Amendment Confrontation Clause did not apply. Ward v. State, 15 N.E.3d 114 (Ind. Ct. App. 2014), trans. pending. Noting that Ward failed to provide cogent argument relating to Article I, Section 13 of the Indiana Constitution, the Court of Appeals did not address admission of the identification evidence under the state constitution. Ward has petitioned the Supreme Court to accept jurisdiction over the appeal.
- 9:45 AM - State of Indiana v. Brishen Vanderkolk (79S04-1411-CR-718) While serving a sentence on home detention, Vanderkolk’s roommate had signed a form relinquishing his Fourth Amendment rights relating to searches for controlled substances and agreeing that officers could enter his residence at any time “to search upon probable cause.” When officers entered the residence as a matter of protocol to ensure the roommate’s compliance with the program, they smelled marijuana, and found contraband in Vanderkolk’s bedroom. Vanderkolk was charged with a Class D felony and other offenses, but the Tippecanoe Superior Court granted his motion to suppress the evidence. A majority of the Court of Appeals panel affirmed in State v. Vanderkolk, 10 N.E.3d 585 (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 June 11th split opinion, two individual opinions plus a dissent without an opinion.
- 10:30 AM - Marq Hall v. State of Indiana (49S05-1412-CR-728) At Hall’s trial on charges of child molesting, the Marion Superior Court ruled that a transcript of a telephone conversation between Hall and the child’s mother (in which the mother provided Hall with information he could use to impeach the child) was not admissible. The Court of Appeals held, among other things, that exclusion of the phone call was reversible error. Hall v. State, 15 N.E.3d 1107 (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 2-1 Sept. 4th COA opinion.
This week's oral arguments before the Court of Appeals (week of 1/12/15):
Monday, January 12
- 1:30 PM - Mid-America Sound, et al v. Polet, et al (49A02-1404-CT-288) The Indiana State Fair Commission leased equipment from Mid-America Sound for a concert in 2011 where the stage collapsed, causing injuries and fatalities. A number of plaintiffs sued the Commission, Mid-America and others. Mid-America sought indemnification from the State pursuant to the terms of its invoices, which had included indemnification provisions since 2003, but the trial court denied its motion for summary judgment on that issue and granted the Commission's cross-motion. The State argues the provision at issue here was "slipped onto" an invoice after the stage collapse, and is invalid because it is inconsistent with the State's sovereign immunity. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Friedlander and May. [Where: Supreme Court Courtroom (WEBCAST)]
- 1:00 PM - Garcia v. State (49A05-1402-CR-61) This criminal appeal invokes the protection against unreasonable search and seizure provided in Article 1, Section 11 of the Indiana Constitution. Antonio Garcia appeals his conviction for class D felony possession of a schedule III controlled substance (a hydrocodone/acetaminophen pill). The police found the pill through a patdown search performed incident to to Garcia's arrest for class C misdemeanor driving without a license. During the search, the police removed a small metallic cylinder from Garcia's pants pocket, opened it and found the pill. On appeal, Garcia contends that his conviction must be reversed because the search of the cylinder violated Article 1, Section 11. Garcia does not challenge the lawfulness of his arrest or the search of his person incident to that arrest. Rather, he argues that it was unreasonable under the Indiana Constitution for the police to open the container because (1) Hoosiers would regard the contents of the pill container as private and (2) given that he was being arrested for driving without a license, and that the police officer recognized the cylinder as a container for pills, the needs of law enforcement to determine the contents of the cylinder were low. The Scheduled Panel Members are: Judges Mathias, Crone and Bradford. and Bradford. [Where: Indiana University McKinney School of Law, Indianapolis]
- 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. [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 January 12, 2015 08:33 AM
Posted to Upcoming Oral Arguments