Monday, March 13, 2017
Ind. Decisions - Upcoming oral arguments this week and nextThis week's oral arguments before the Supreme Court (week of 3/13/17):
- No oral arguments scheduled.
Thursday, March 9
- 9:00 AM - State of Indiana v. Tyson Timbs and a 2012 Land Rover LR2 (27S04-1702-MI-00070) The State sought forfeiture of a Land Rover owned by Timbs, who had pled guilty to Class B Felony dealing in a controlled substance and Class C Felony theft. The Grant Superior Court entered judgment for Timbs on the forfeiture complaint. A majority of the Court of Appeals affirmed on grounds forfeiture of the vehicle, worth approximately $40,000, would violate the 8th Amendment’s prohibition against excessive fines. State v. Timbs, 62 N.E.3d 472 (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, Oct. 20, 2016 COA opinion where the majority held "that forfeiture of the Land Rover violated the Excessive Fines Clause of the Eighth Amendment."
- 9:45 AM - Charles McKeen, M.D. v. Billy Turner (53A05-1511-CT-02047) In medical malpractice litigation, the doctor moved to strike an expert’s opinion on grounds it raised a theory of malpractice the plaintiff had not presented in prior proceedings before the medical review panel. The Monroe Circuit Court denied the motion to strike. The Court of Appeals affirmed, holding a plaintiff may raise any theory of malpractice in litigation following the panel review process if the proposed complaint and evidence submitted to the panel encompassed the theory. McKeen v. Turner, 61 N.E.3d 1251 (Ind. Ct. App. 2016). The doctor has petitioned the Court to accept jurisdiction over this appeal.
ILB: This is an Oct. 4th COA opinion (and is Judge Baker's 5,000th authored majority Court of Appeals opinion).
- 10:30 AM - Jordan Jacobs v. State of Indiana (49A02-1601-CR-00019) Jacobs was arrested and charged with carrying a handgun without a license. The Marion Superior Court convicted him after a bench trial, rejecting his claim that police stopped him in violation of the Indiana and United States Constitutions. A majority of the Court of Appeals affirmed. Jacobs v. State, 62 N.E.3d 1253 (Ind. Ct. App. 2016). Jacobs has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a 2-1, Nov. 7, 2016 COA opinion (2nd case): "Jacobs contends that the trial court abused its discretion in admitting the handgun into evidence at trial because the handgun was recovered in violation of Jacob’s rights under the Fourth Amendment and Article I, Section 11. ".
This week's oral arguments before the Court of Appeals (week of 3/13/17):
Tuesday, March 14
- 1:00 PM - Joseph Lee Pierson v. State of Indiana (89A05-1306-CR-00311) On February 5, 2012, four-month-old K.H.—Joseph Pierson’s son—passed away due to severe malnutrition. Pierson suffers from severe mental retardation. Pierson was ultimately convicted of and sentenced for class A felony neglect of a dependent resulting in death. On appeal, Pierson asks that this conviction be reversed and that a conviction for reckless homicide (which the jury also found him guilty of, but was vacated out of double jeopardy concerns) should be entered instead. Pierson argues that he could not have the requisite intent for neglect of a dependent because of his mental handicap, and that someone with his handicap cannot be legally obligated to take care of another person. Pierson also challenges the use of a video deposition of a State witness, which violated the jury’s right to ask that witness questions. Finally, Pierson argues that a State expert witness should not have been allowed to testify that an insanity defense can only be proven by demonstrating “psychosis.” The Scheduled Panel Members are: Judges Baker, Najam, and Altice. [Where: Vincennes University, Vincennes, IN]
- 6:30 PM - Thomas M. Clark v. State of Indiana (45A03-1610-CR-02300) Thomas Clark challenges his conviction for resisting law enforcement. He argues that the State failed to present sufficient evidence to prove beyond a reasonable doubt that the police ordered him to stop or that he fled from police when he was driving his car. The Scheduled Panel Members are: Judges Baker, Kirsch, and Bradford. [Where: Culver Academies, Culver, IN ]
Thursday, March 23
- 11:00 AM - Wyatt Severance v. New Castle Community School Corporation (33A01-1609-CT-02088) In 2013, Wyatt Severance and Turner Melton were both enrolled in a vocational education program through New Castle Community School Corporation. A physical altercation between the two students resulted in a serious leg injury to Severance, who filed a civil complaint against the school corporation, alleging negligence. The school corporation moved for summary judgment on two grounds: first, that Severance was contributorily negligent in bringing about his injuries, thereby barring any recovery, and second, that the school did not breach its duty to Severance. During the summary judgment stage, Severance designated an expert affidavit, which the school corporation moved to strike. The trial court granted the school’s motion to strike and the school’s motion for summary judgment. Severance now appeals. The Scheduled Panel Members are: Judges Baker, Robb, and Altice. [Where: 2325 Chester Blvd., Richmond, IN]
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 March 13, 2017 08:25 AM
Posted to Upcoming Oral Arguments