University hosts Court of Appeals for ‘Values, Ideas and Arts’ series

Drunk driver will challenge consecutive sentences as ‘fundamental error’ at oral argument

INDIANAPOLIS – The Court of Appeals of Indiana will conduct oral argument in Scott v. State at Manchester University on Tuesday, March 12 at 3:30 p.m. The argument will be held in the second floor conference rooms of the College Union.

A panel of judges Paul D. Mathias, Terry A. Crone and Cale J. Bradford will hear the criminal case on appeal from Lake Superior Court. The Court of Appeals is visiting North Manchester by invitation from the university’s Values, Ideas and the Arts series. The public is welcome.

Reporters, including student journalists, may ask the court’s permission to video or photograph the oral argument. Requests must be faxed to Court Administrator Steve Lancaster (317-233-4627) at least 48 hours before the scheduled start of the argument. Per Indiana Supreme Court order, all cameras must be tripod mounted and cannot employ flash or strobe lighting. All recording is limited to the oral argument itself; no recording will be allowed during a short Q/A between the judges and audience that will follow the argument.

About this case: Appellant Joseph Scott appeals from the denial of his petition for post-conviction relief. After pleading guilty to Class B felony operating a vehicle with a BAC of 0.15 or greater causing death and Class B felony resisting law enforcement causing death, Scott received two 15-year sentences, which were to be served consecutively. Scott argues that the consecutive nature of the sentences represents fundamental error and that his trial counsel was ineffective for failing to advise him that his consecutive sentences were illegal and for failing to perfect a direct appeal. The State argues that Scott may not bring a freestanding claim of fundamental error in a post-conviction proceeding and that he received effective assistance of trial counsel.

The Court of Appeals hears oral arguments across Indiana to enable Hoosiers to observe the court in action and learn more about its indispensable role in Indiana government. This will be the court’s 356^th “Appeals on Wheels” event since the court’s 2000-2001 centennial.

For more information about the court, please visit www.courts.in.gov.

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