Monday, February 29, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/29/16):
Wednesday, March 2
- 9:00 AM - Thomas Hale v. State of Indiana (35S02-1601-CR-37) Charged with dealing in methamphetamine, Hale moved to depose, at public expense, two other persons who had entered into plea agreements. The Huntington Superior Court denied the motion. Those persons testified at trial without objection by Hale. Appealing his conviction, Hale argues the trial court’s denial of his motion was “fundamental error”. A majority of the Court of Appeals panel affirmed the trial court in Hale v. State, ___ N.E.3d ___, 2015 WL 5730592 (Ind. Ct. App. 2015), 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. 30, 2015 COA opinion, where the issue was whether the trial court abused its discretion when it did not, before trial, permit defendant to depose two of the State’s witnesses against him.
- 9:45 AM - Douglas Bragg v. State of Indiana (49S02-1601-CR-38) The appellant moved to strike a prospective juror for cause because the juror was a deputy attorney general. The Marion Superior Court denied the motion, and the appellant used a peremptory challenge. The appellant was convicted of criminal deviate conduct as a Class A felony, and other offenses. On appeal, the appellant argued he was entitled to a new trial. A majority of the Court of Appeals affirmed the conviction. Bragg v. State, 41 N.E.3d 306 (Ind. Ct. App. 2015), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal..
ILB: - this was on Oct. 15, 2015 2-1, 3-opinion NFP ruling (ILB summary here, last case) where the issue was whether the trial court abused its discretion when it denied Bragg’s motion to strike a prospective juror for cause because the juror was a deputy attorney general. The ILB did a separate post on this opinion, headed "Why is this decision today categorized as NFP?"
Next week's oral arguments before the Supreme Court (week of 3/7/16):
- No oral arguments currently scheduled
This week's oral arguments before the Court of Appeals (week of 2/29/16):Wednesday, March 2
- 1:00 PM - Megenity v. Dunn (22A04-1506-CT-722) Appellant-Plaintiff Tresa Megenity (Megenity) appeals the trial court's grant of summary judgment in favor of Appellee-Defendant David Dunn (Dunn), finding, as a matter of law, that Dunn's actions were within the range of ordinary behavior of participants in karate pursuant to the directives of Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011). The parties disagree on the scope of the holding in Pfenning. Accordingly, the main issue before this court is whether Pfenning posits that the specific karate action must be within the ordinary range of behavior in the sport or whether the specific karate movement must be executed in the precise manner specified by the specific drill within the sport of karate. The Scheduled Panel Members are: Judges Najam, Riley and May. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 3/7/16):Friday, March 11
- 1:15 PM - Weaver v. State (32A04-1508-CR-1110) Corey T. Weaver ("Weaver") was convicted in Hendricks Superior Court of Class C misdemeanor refusal to identify himself during a traffic stop. Weaver appeals his conviction and argues that the State presented insufficient evidence to convict him under Indiana Code section 34-28-5-3.5. Specifically, Weaver argues that he eventually provided the police officer with his name and date of birth and thus did not violate the statute. In response, the State argues that Weaver failed to provide the requested identifying information within a reasonable period of time, and therefore, the evidence was sufficient to support his conviction. The Scheduled Panel Members are: Judges Kirsch, Mathias and Brown. [Where: Cathedral High School: 5225 E. 56th St., Indianapolis]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms generally will be accessible via videocast.
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 29, 2016 08:04 AM
Posted to Upcoming Oral Arguments