Monday, May 02, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/2/16):
Thursday, May 5
- 9:00 AM - Cynthia Bell v. State of Indiana (49A02-1504-CR-234) Bell was convicted of criminal mischief and ordered to pay restitution as a condition of her probation. A divided panel of the Court of Appeals affirmed the restitution order, the majority concluding the trial court did not abuse its discretion in determining Bell had the ability to pay. Bell v. State, No. 49A02-1504-CR-234 (Ind. Ct. App. Feb. 2, 2016) (mem. dec.), trans. pending. Bell has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a 9-page, 2-1, NFP, Feb. 2, 2016 COA decision.
- 9:45 AM - State of Indiana v. Frank Hancock (39S05-1604-CR-182) The Jefferson Superior Court dismissed two counts of possession of a firearm by a serious violent felon after concluding that Hancock’s prior conviction for residential burglary in Ohio was not “substantially similar” to residential burglary in Indiana. When the State appealed, the Court of Appeals affirmed the dismissal. State v. Hancock, --- N.E.3d ---, 2016 WL 275308 (Ind. Ct. App. 2016), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Jan. 22, 2016 COA opinion that concluded "it is clear that the Ohio and Indiana residential burglary statutes are not substantially similar as a matter of law."
Next week's oral arguments before the Supreme Court (week of 5/9/16):
Thurssday, May 12
- 9:00 AM - Steven Clippinger v. State of Indiana (71S00-1510-LW-590) After a bench trial, the St. Joseph Superior Court found Clippinger guilty of two counts of murder and one count of being a serious violent felon in possession of a firearm. The trial court imposed two sentences of life without parole and a sentence of twenty years, all to run consecutively. In this direct appeal, Clippinger argues that the trial court did not support his life without parole sentences with sufficient findings, and that the sentences should not run consecutively.
- 9:45 AM - Melvin C. Hamilton v. State of Indiana (65A04-1412-CR-592) Hamilton was convicted in the Posey Circuit Court of three counts of child molesting. The Court of Appeals reversed Hamilton’s convictions and remanded for retrial after concluding that vouching testimony was improperly admitted and that the error was not harmless. Hamilton v. State, 43 N.E.3d 628 (Ind. Ct. App. 2015), trans. pending. The State has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a Sept. 9, 2015 COA opinion that concluded "The trial court committed reversible error in admitting Elfreich’s [ILB - "Molly Elfreich, a trained forensic interviewer"] testimony regarding whether D.P. or A.S. had been coached. However, Detective Fortune’s statements during his interview with Hamilton did not constitute improper vouching. We reverse Hamilton’s convictions and remand for retrial consistent with this opinion." Opinion on Reh. Dec. 23, 2015 (5th case).
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/2/16):Wednesday, May 4
- 1:30 PM - Melton v. Indiana Athletic Trainers Board, et al (49A05-1508-CT-1123) Appellant Molly A. Melton appeals orders of the trial court granting a motion to dismiss and a motion for judgment on the pleadings in favor of the Indiana Athletic Trainers Board (the "Board"), dismissing Melton's Section 1983 action and her petition for judicial review challenging the Board's order indefinitely suspending her license as an athletic trainer for a period of at least seven years. At the administrative level, Melton did not contest allegations that she engaged in a consensual sexual relationship with a patient. At the hearing before the Board, Melton did not appear due to embarrassment relating to the allegations and sent counsel to appear on her behalf. The Board filed notice of proposed default because Melton did not personally appear. Later, the Board convened and entered a default and the order suspending her license. The trial court dismissed Melton's petition for review because Melton did not file the agency record with the court within the 30-day period set by IN Code Section 4-21.5-5-13. Later, the court also dismissed Melton's Section 1983 claim under IN Trial Rule 12(C). The Scheduled Panel Members are: Judges Kirsch, Mathias and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 5/9/16):
- No oral arguments currently scheduled.
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms generally will be accessible via videocast.
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 May 2, 2016 07:40 AM
Posted to Upcoming Oral Arguments