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Monday, April 20, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/20/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 4/27/15):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/20/15):
Monday, April 20
- 1:15 PM - Julian v. State (48A02-1407-CR-477) Tony Julian ("Julian") was convicted in Madison Circuit Court of Class B felony dealing in methamphetamine; Class D felony possession of chemical reagents or precursors with the intent to manufacture a controlled substance; Class D felony maintaining a common nuisance; and Class A misdemeanor false informing. Julian appeals his convictions raising two issues, which we restate as three: 1) whether the police officer's warrantless entry into his apartment violated the Fourth Amendment to the United States Constitution and Article One, Section Eleven of the Indiana Constitution; 2) whether, because he failed to object at trial, admission of the evidence seized during the search of Julian's apartment constitutes fundamental error; and 3) whether the State presented sufficient evidence to prove that he constructively possessed the evidence seized by police officers during the search of his apartment. The Scheduled Panel Members are: Judges Kirsch, Mathias and Bradford. [Where: Cathedral High School, 5225 E. 56th St., Indianapolis, IN]
Friday, April 24
- 1:00 PM - State v. Stevens (62A01-1406-CR-268) After noticing suspicious activity on the pseudoephedrine purchase logs of a local drug store, a Perry County sheriff's deputy ran a criminal history check on one of the purchasers, William Stevens. Because the check revealed that Stevens had a Florida conviction for "Poss Meth W Intent to Sell Manufacture Deliver," the deputy believed that it was illegal for Stevens to purchase pseudoeophedrine. When Stevens later attempted to purchase more pseudoephedrine at the same drug store, the police were notified and Stevens was arrested. Stevens admitted that he had approximately one gram of methamphetamine in his pocket. Stevens' fiancee later consented to a search of their home, and evidence of methamphetamine manufacturing was discovered inside the residence. The State charged Stevens with possession of methamphetamine, possession of paraphernalia, possession of a precursor by a methamphetamine offender, and maintaining a common nuisance. At trial, Stevens filed a motion to suppress all evidence seized by police and statements he made to police, arguing that his prior conviction in Florida was not for methamphetamine possession but for Alprazolam possession and that, as a result, no probable cause existed for his arrest. The trial court granted Stevens' motion to suppress. The charges against Stevens were subsequently dismissed. The State appeals and argues that the trial court abused its discretion in granting Stevens' motion to suppress because the officers acted reasonably in arresting Stevens based on the information they had at the time, even though that information turned out to be incorrect. The State also argues that Stevens' fiancee's consent to search their home was an intervening act that made the evidence admissible. The Scheduled Panel Members are: Not Available. [Where: Taylor University, Upland, IN ]
Next week's oral arguments before the Court of Appeals (week of 4/27/15):
Wednesday, April 29
- 1:00 PM - Wilford v. State (49A02-1408-CR-534) In May 2013, Lamont Wilford was driving his sister's car in Indianapolis when a police officer noticed damage to the car's windshield and back end. Due to the car's condition, the officer pulled him over. Wilford stopped and parked the car in a Planet Fitness parking lot. The officer learned that Wilford's license was currently suspended and that Wilford also had a prior license suspension, so he placed Wilford under arrest. The officer then decided to impound the car. Before it was towed away, and without obtaining a warrant, the police searched the car and discovered a stolen gun in the front seat center console. Wilford told the police that he received the gun in trade for a puppy and thought the gun was "clean," meaning not stolen. Wilford was charged with Driving While Suspended with a Prior Suspension and Carrying a Handgun without a License, both Class A misdemeanors. At trial, Wilford argued that the police conducted an illegal, warrantless search of the car. He asked the court to exclude the gun from evidence because generally, evidence found during an illegal search cannot be admitted at trial. The State argued that the police did not need a warrant because the officer found the gun while doing a valid inventory search of the car prior to towing. Over Wilford's objection, the trial court admitted the gun. Wilford was found guilty of both charges and sentenced to 365 days in jail, with 357 of those days suspended to probation. On appeal, Wilford challenges his Handgun conviction and asks this Court to decide whether the trial court erred in admitting the gun because it was obtained during an unconstitutional search. The Scheduled Panel Members are: Judges Baker, Bailey and Bradford. [Where: New Palestine High School, 4485 S. Victory Drive, New Palestine, 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 20, 2015 08:35 AM
Posted to Upcoming Oral Arguments