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Monday, October 03, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/3/16):
Thursday, October 6
- 9:00 AM - Michael T. Shoun v. State of Indiana (20S00-1601-LW-00061) Following a jury trial, the Elkhart Circuit Court convicted Shoun of murder and sentenced him to life imprisonment without parole. In this direct appeal, Shoun appeals alleged errors related to his sentence and requests revision of his sentence to a term of years.
- 9:45 AM - Mary Hannah Osborne v. State of Indiana (29S02-1608-CR-00433) Police stopped Osborne’s vehicle and determined she was intoxicated. The State charged Osborne with two misdemeanor counts of driving while intoxicated, and Osborne moved to suppress evidence, contending the stop was unlawful under the United States and Indiana Constitutions. The Hamilton Superior Court denied the motion. The Court of Appeals accepted Osborne’s interlocutory appeal and reversed the trial court, finding the traffic stop violated the Fourth Amendment. Osborne v. State, 54 N.E.3d 428 (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 2-1, May 12, 2016 COA opinion (3rd case) reversing the trial court's denial of a motion to suppress, holding:
... the community caretaking function of police officers may apply to justify a traffic stop where the officer does not otherwise observe a traffic violation or have a reasonable suspicion that criminal activity is afoot. However, based on the facts of this case, we conclude that the exercise of Officer Arnold’s community caretaking function was not reasonable and, therefore, violated Osborne’s Fourth Amendment rights.
- 10:30 AM - Cheryl Underwood v. Judith M. Fulford and Sheree Demming (53A01-1509-MI-01305) In this case involving interpretation of a real estate deed, the Monroe Circuit Court determined that Judith Fulford and her now-deceased husband held a one-half interest in the property as tenants by the entireties, and Cheryl Underwood held the other one-half interest individually. The Court of Appeals affirmed, rejecting Underwood's argument that the deed conveyed a one-third interest to each of the parties, as tenants-in-common. Underwood v. Bunger, et. al., 52 N.E.3d 829 (Ind. Ct. App. 2016), reh’g denied. Underwood has petitioned the Supreme Court to accept jurisdiction over the appeal. ILB: This is a March 23, 2016 COA opinion.
Next week's oral arguments before the Supreme Court (week of 10/10/16):
- No oral arguments currently scheduled.
This week's oral arguments before the Court of Appeals (week of 10/3/16):
Monday, October 3
- 10:00 AM - Lance Brown v. State of Indiana (89A01-1601-CR-00128) In this appeal, Brown challenges the sufficiency of the evidence rebutting his defenses and the trial court’s interpretation of applicable statute. The Scheduled Panel Members are: Judges Mathias, Bradford and Altice. [Where: Hamilton Southeastern High School, Fishers, IN]
Wednesday, October 5
- 10:00 AM - David McCollough v. Noblesville Schools, et al (29A02-1512-CT-02181) Following an incident with a student during basketball practice, David McCollough, a teacher and the boys’ basketball coach at Noblesville High School, was first placed on administrative leave with pay for five days and then informed he would not be offered a contract to be basketball coach the following year. McCollough filed a lawsuit against Noblesville Schools and Jeff Bryant, the high school principal, alleging causes of action for defamation, intentional interference with a business relationship, intentional infliction of emotional distress, breach of contract, and negligence. The Defendants moved for summary judgment on all claims. The trial court denied the motion as to the defamation claim, but granted it as to all others. On appeal, McCollough contends the trial court erroneously granted summary judgment to the Defendants because genuine issues of material fact remain to be resolved by the fact finder with respect to each claim. The Defendants cross-appeal, asserting the trial court erred in denying their motion for summary judgment as to the defamation claim. The Scheduled Panel Members are: Judges Riley, Bradford and Altice. [Where: Clinton Prairie High School, Frankfort, IN]
Thursday, October 6
- 1:00 PM - Jordan Jacobs v. State of Indiana (49A02-1601-CR-00019) Appellant-Defendant Jordan Jacobs was convicted of Class A misdemeanor carrying a handgun without a license. Jacobs challenges his conviction on appeal, arguing that the trial court abused its discretion in admitting the handgun into evidence. In raising this argument, Jacobs asserts that the handgun was recovered in violation of both the 4th Amendment to the United States Constitution and Article I, Section 11 of the Indiana Constitution. For its part, Appellee-Plaintiff the State of Indiana argues that trial court did not abuse its discretion in admitting the handgun into evidence at trial. The Scheduled Panel Members are: Judges Barnes, Bradford and Altice. [Where: "Miami County"]
Next week's oral arguments before the Court of Appeals (week of 10/10/16):
- 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.Past Court of Appeals oral arguments 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 October 3, 2016 09:12 AM
Posted to Upcoming Oral Arguments