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[APPEALS]Michigan City High School hosts Court of Appeals
Start Date: 11/13/2013Start Time: 12:00 AM
End Date: 11/13/2013End Time: 11:59 PM
Entry Description

Michigan City High School to host Court of Appeals oral argument

Criminal case involves attempted murder of child stabbing victim

INDIANAPOLIS – The Court of Appeals of Indiana will conduct oral argument at Michigan City High School on Thursday, Nov. 21 at 12:30 p.m. CST. A panel of Chief Judge Margret G. Robb, Judge Patricia A. Riley and Judge James S. Kirsch will hear Kelley v. State, a criminal case on appeal from Cass Circuit Court.

The court has visited Michigan City High School just once before, in November 2009.

Journalists, including students, may ask the court’s permission to video or photograph the argument by faxing the Court Administrator (317-233-4627) at least 48 hours before the argument. All cameras must be tripod mounted and cannot use flash or strobe lighting. All recording is limited to the argument itself, not a short Q/A session that will follow.

The argument and Q/A period will last about one hour. The judges will answer general questions from students about law and the judiciary, but not about Kelley v. State.

The Court of Appeals hears oral arguments across Indiana to enable Hoosiers to observe the court in action and learn about its indispensable role in Indiana government. The court has conducted more than 370 “traveling oral arguments” since its 2000-2001 centennial.

For more information about the Court of Appeals or Kelley v. State, please visit www.courts.in.gov.

About this case: The State charged Tammy Lou Kelley with attempted murder, criminal confinement, battery resulting in bodily injury, two counts of battery on law enforcement officers and resisting law enforcement, all stemming from an incident in which she stabbed a child left in her care and was uncooperative and combative with officers who arrived to assist.
Kelley requested a psychiatric, competency, and mental status evaluation. Two court-appointed doctors filed reports finding Kelley competent for purposes of trial but unable to appreciate the wrongfulness of her conduct at the time of the offenses. At the bench trial, the parties stipulated to the police reports, medical reports and psychiatric evaluations. No live testimony was taken. At the conclusion of the bench trial, the trial court found Kelley not guilty of attempted murder and guilty but mentally ill with respect to the remaining counts.
Kelley appeals her convictions, contending first that the trial court erred in finding her guilty but mentally ill when the uncontradicted evidence was that she was insane at the time of the incident. She also contends there was insufficient evidence to support her convictions, and that convictions of both battery and confinement of the child victim constitute double jeopardy. Finally, she contends the trial court erred in imposing consecutive sentences without articulating an adequate basis for doing so.

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Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
Press Release
Entry Category:
  • Oral Arguments
  • IN.gov Category:
  • Law & Justice
  • Agency Name
    Courts, Indiana

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