Monday, November 02, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/2/15):
Thursday, November 5
- 9:00 AM - Ashonta Kenya Jackson v. State of Indiana (48S02-1509-CR-554) Following a jury trial in the Madison Circuit Court, Jackson was convicted of three counts of robbery and one count of “corrupt business influence,” see Ind. Code § 35-35-45-6-2(2), and found to be an habitual offender. The Court of Appeals reversed the corrupt business influence conviction. Jackson v. State, 33 N.E.3d 1173 (Ind. Ct. App. 2015), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.
ILB: This was a 2-1 June 4th opinion (2nd case) involving, inter alia, a question of statutory interpretation. From the majority:
While Indiana’s statute for corrupt business influence does not expressly include an element of continuing the criminal conduct into the future, the statute is patterned after the federal RICO statute, and we look to relevant federal case law for guidance in interpreting the Indiana version of the statute.
- 9:45 AM - Sidney Tyson v. State of Indiana (45S03-1509-CR-528) Tyson was charged with failure to register as a sex offender. The Lake Superior Court denied Tyson’s motion to dismiss the charge, and the Court of Appeals affirmed. Tyson v. State, 28 N.E.3d 1074 (Ind. Ct. App. 2015), vacated. The Court of Appeals concluded that Indiana Code sections 11-8-8-5-(b)(1) and 11-8-8-19(f)—which require sex offenders who must register in their home states to register in Indiana upon moving here—did not violate the Indiana Constitution’s ex post facto clause as applied to Zerbe. The Supreme Court has granted Tyson’s petition to transfer and has assumed jurisdiction over the appeal.
ILB: This was a March 3rd NFP decision where the COA ruled "Because Tyson had fair warning of the registration requirement, SORA was not an ex post facto violation as applied to Tyson."
- 10:30 AM - State of Indiana v. Scott Zerbe (49S05-1509-MI-529) Scott Zerbe petitioned the Marion Superior Court for removal of his sex offender designation, which the court granted. The Court of Appeals reversed in a divided opinion. State v. Zerbe, 32 N.E.3d 834 (Ind. Ct. App. 2015), vacated. The Court of Appeals concluded that Indiana Code sections 11-8-8-5-(b)(1) and 11-8-8-19(f)—which require sex offenders who must register in their home states to register in Indiana upon moving here—did not violate the Indiana Constitution’s ex post facto clause as applied to Zerbe. The Supreme Court has granted Zerbe’s petition to transfer and has assumed jurisdiction over the appeal.
ILB: This was a 2-1, May 29th COA opinion where the majority ruled: " Zerbe had fair warning of SORA’s registration requirement before he moved to Indiana, and SORA imposed no additional punishment because he was already required to register in Michigan."
Next week's oral arguments before the Supreme Court (week of 11/9/15):
- No oral arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 11/2/15):
Thursday, November 5
- 1:00 PM - Summerhill v. Klauer (64A03-1503-CT-98) Carl Summerhill was riding his moped and was struck from behind by Craig Klauer's motorcycle while making a left turn. The police officer on the scene filled out a crash report that indicated that the "primary cause" of the crash was "improper turning." This report was entered into evidence without objection. Summerhill sought to introduce the testimony of Timothy Spencer, a qualified crash reconstructionist, who believed that the accident was more likely caused by improper passing than by improper turning. Klauer moved to exclude this testimony and the trial court granted his motion, finding the testimony inadmissible as expert testimony under Evidence Rule 702. The trial court relied heavily on this Court's decision in Lytle v. Ford Motor Co., 814 N.E.2d 301. Noting that Spencer had based his reconstruction of the crash off of Summerhill's testimony, the trial court reasoned that there was "a significant gap between the inputs used by Mr. Spencer and the opinion he reached." Summerhill also alleges that the trial court erred in excluding three other pieces of evidence.
The Scheduled Panel Members are: Judges Baker, Bailey and Mathias. [Where: Court of Appeals courtroom (WEBCAST)]
- 2:30 PM - Kapoor v. Dybwad (49A04-1410-CT-492) Defendants fulfilled various roles in assisting the various Plaintiffs to establish welfare benefit programs for their employees, programs which involved the purchase of cash-value life insurance policies. These plans were initially known as the Cronin Insured Secured Program (“Cronin ISP Plan”) and, later, the Cronin Group Term Life Insurance Program (“Cronin GTLP Plan”). Plaintiffs allege that they were assured that the Plans were IRS-approved and that they would be able to take tax deductions for their contributions. For several years, Plaintiffs made premium payments and deducted the contributions on their tax returns. In 2012 and 2013, the Plaintiffs received deficiency notices from the IRS, indicating that it had disallowed the deductions taken for contributions to the Cronin ISP and GTLP Plans. As a result, Plaintiffs incurred costs for back taxes, penalties, and interest. All Defendants were sued by various Plaintiffs (the Kapoor Plaintiffs, the Judson Plaintiffs, or all Plaintiffs) for fraud, fraud by omission, negligent misrepresentation, negligence, unjust enrichment, money had and received, and constructive fraud. The trial court granted Defendants’ motion to dismiss for failure to state a claim under which relief may be granted. The Scheduled Panel Members are: Judges May, Crone and Bradford. [Where: Court of Appeals courtroom (WEBCAST)]
- 10:00 AM - Pribie v. State (12A02-1412-CR-836) In this case, Jordan Pribie is appealing his conviction of class B felony rape. He argues that the trial court's decision to exclude certain DNA evidence constituted a misrepresentation of the Rape Shield Law and violated his constitutional rights. He further alleges that instances of juror misconduct violated his constitutional rights. The Scheduled Panel Members are: Judges Baker, Bailey and Mathias. [Where: IU School of Public and Environmental Affairs, 1315 E. 10th St., Bloomington]
- 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 November 2, 2015 08:00 AM
Posted to Upcoming Oral Arguments