Monday, February 08, 2016
Ind. Decisions - Upcoming oral arguments this week and nextThis week's oral arguments before the Supreme Court (week of 2/8/16):
Thursday, February 11
9:00 AM - Kevin Ammons v. State of Indiana (45A03-1411-CR-394) Kevin Ammons petitioned the Lake Superior Court for removal of the requirement that he register as a sex offender in Indiana, contending the requirement violated his rights under the Indiana Constitution’s ex post facto clause. The trial court first granted Ammons’s petition, but later denied it after a hearing on the Attorney General’s motion to correct error. The Court of Appeals affirmed in a divided opinion. Ammons v. State, 36 N.E.3d 1079 (Ind. Ct. App. 2015). Ammons has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a 2-1, June 17, 2016 COA opinion (2nd case).
- [RESCHEDULED from 9:45] 9:00 AM - Samuel Sallee v. State of Indiana (03S00-1504-LW-00237) After a jury found Sallee guilty of four counts of murder and recommended life imprisonment without parole, the Bartholomew Circuit Court sentenced Sallee to life imprisonment without parole on each count. In this direct appeal, Sallee argues that the evidence was not sufficient to prove his guilt beyond a reasonable doubt.
- No oral arguments currently scheduled
This week's oral arguments before the Court of Appeals (week of 2/8/16):
Wednesday, February 10
- 2:00 PM - Graphic Packaging International, et al v. City of Indianapolis, et al (49A04-1504-PL-165) The appellants filed a complaint against the City of Indianapolis, challenging the validity of an amendment to a contract regarding the construction of a waste disposal facility and the "dirty recycling" that will occur at that facility. The plaintiffs argue that the City failed to comply with public bidding and public notice procedures and that the contract exceeds the statutory limit of 40 years. The trial court granted summary judgment in favor of the government, finding that the plaintiffs did not have standing to bring the complaint and also finding against the plaintiffs on the merits. The appellants now appeal the summary judgment order. The Scheduled Panel Members are: Judges Baker, Bradford and Pyle. [Where: Indiana Supreme Court courtroom]
Thursday, February 11
- 1:00 PM - Tyrone Grayson v. State (49A05-1505-CR-350) Tyrone Grayson ("Grayson") was convicted in Marion Superior Court of Class B felony unlawful possession of a firearm by a serious violent felon. The firearm at issue in this case was obtained as the result of a Terry stop. Before trial, Grayson moved to suppress the firearm found in his possession and argued that the law enforcement officers lacked reasonable suspicion to make an investigatory stop of Grayson's vehicle. During his bench trial, Grayson objected to the admission of the firearm found in his possession on the grounds raised in his motion to suppress and also argued that the information provided by the anonymous tipster was insufficient to support the investigatory stop. The trial court overruled Grayson's objection. Grayson appeals his conviction and argues that the trial court abused its discretion when it admitted the firearm into evidence because the investigatory stop violated his right to be free from unreasonable search and seizure under the Fourth Amendment of the United States Constitution. The Scheduled Panel Members are: Judges Kirsch, Mathias and Bradford. [Where: IU McKinney School of Law, Wynne Courtroom, Inlow Hall, Indianapolis, IN]
Next week's oral arguments before the Court of Appeals (week of 2/15/16):Tuesday, February 16
- 1:00 PM - IHSAA v. Cade, Nasir, et al (45A03-1503-PL-84) During a February 2015 boys varsity basketball game between Griffith High School and Hammond High School, an on-court fight broke out involving players, students, coaches, and parents. The Commissioner of the Indiana High School Athletic Association ("IHSAA") sanctioned both schools as a result. The sanctions included canceling the remainder of the schools' seasons, suspending them from participation in the state tournament, and imposing probation for the 2015-16 school year, as well as educational requirements for each coach and athlete. Both schools appealed the Commissioner's decisions to the IHSAA's Review Committee, which upheld the decisions. The schools then sought a preliminary injunction in court. Following a hearing, the trial court preliminarily enjoined the IHSAA from enforcing its suspension of the schools from participating in the state tournament. The IHSAA brings this interlocutory appeal, contending the trial court erred in granting injunctive relief. The Scheduled Panel Members are: Judges Robb, Barnes and Altice. [Where: Ivy Tech Community College-Lafayette]
Friday, February 19
- 1:00 PM - Day v. State (24A05-1506-CR-724) Michael Day was convicted of disorderly conduct for a domestic incident in which he yelled at and was hostile to his wife inside their home. When police responded to the wife's 911 call, they were able to hear the yelling from outside the home. Day appeals his conviction, contending that the evidence is insufficient to support a finding that he committed disorderly conduct because that crime is an offense against the public order, and fighting in one's own home should not qualify. The Scheduled Panel Members are: Judges Baker, Robb and Altice. [Where: Brownstown Central High School]
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 February 8, 2016 08:00 AM
Posted to Upcoming Oral Arguments