APRIL 2005 SITTING
OF THE INDIANA SUPREME COURT


Wednesday, April 6, 2005

2:00 p.m.     John Glover v. State of Indiana

The State charged the Appellant, John Glover, with murder and listed his wife as a State’s witness on the charging information. Glover sought to suppress his wife’s testimony pursuant to the spousal privilege codified at Ind. Code § 34-46-3-1, which the court denied. Glover then filed an interlocutory appeal, and the court of appeals reversed the trial court’s ruling. Glover v. State, 816 N.E.2d 1197 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Oral argument in this case shall take place at the Zurcher Auditorium, Merillat Centre for the Arts, Huntington College, Huntington, Indiana.

         Attorney for Appellant             Attorney for Appellee
        Kimberly A. DeVane                Joby Jerrells
        Crawford & DeVane                Deputy Attorney General
        Indianapolis, IN                Indianapolis, IN

Thursday, April 7, 2005

9:00 a.m.     Ind. Ass'n of Beverage Retailers, Inc. v. Ind. Alcohol & Tobacco Comm'n

The Indiana Association of Beverage Retailers filed a petition for judicial review of the Indiana Alcohol and Tobacco Commission’s issuance of a permit to Thornton Oil Corporation. The Marion Superior Court dismissed the case on grounds that the Association of Beverage Retailers lacked standing. The Court of Appeals reversed and remanded, holding the Association of Beverage Retailers had standing under the Administrative Orders and Procedures Act. Indiana Assoc. of Beverage Retailers v. Indiana Alcohol and Tobacco Comm’n, 809 N.E.2d 374 (Ind. Ct. App. 2004), reh’g denied. The Indiana Alcohol and Tobacco Commission has petitioned the Supreme Court to accept jurisdiction of this appeal.

Attorney for Appellee         Attorneys for Appellant
Frances Barrow            Thomas W. Blessing
Indianapolis, IN            Sonia S. Chen
                    Indianapolis, IN
Attorneys for Amici Curiae
Kathleen G. Lucas
George T. Patton, Jr.
Bryan H. Babb
Indianapolis, IN


Thursday, April 14, 2005

9:00 a.m.     Michael Armstrong v. State

The State charged the Appellant, Michael Armstrong, under Indiana Code § 9-26-1-1 with class C felony failure to stop after an accident resulting in death. The Appellant filed a motion to dismiss, claiming that per Honeycutt v. State, 760 N.E.2d 648 (Ind. Ct. App. 2001), the statute did not apply to him because the victim had not been struck by his vehicle. Following denial of the Appellant’s motion to dismiss, on interlocutory appeal the court of appeals found the statute was not limited to instances where the victim was struck by the defendant’s car, but, in light of Honeycutt, declined to apply its interpretation of the statute to Armstrong, resulting in a reversal of the trial court’s denial of the Appellant’s motion to dismiss. Armstrong v. State, 818 N.E.2d 93 (Ind. Ct. App. 2004), vacated. The Indiana Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the court of appeals, and has assumed jurisdiction over the appeal.

Attorneys for Appellant              Attorney for Appellee
John Clouse                    Ellen Meilaender
Ivan Arnaez                    Indianapolis, IN
Evansville, IN


Thursday, April 14, 2005

9:45 a.m.         K.S. V. State

The juvenile court found K.S. to be in violation of his probation and committed him to the custody of the Department of Correction. The Court of Appeals reversed, holding the juvenile court lacked jurisdiction because it failed to approve the initial filing of the delinquency petition. See K.S. v. State, 807 N.E.2d 769, on reh'g, 816 N.E.2d 1164 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

Attorney for Appellant              Attorney for Appellee
Katherine Cornelius                Joby Jarrells
Indianapolis, IN                Indianapolis, IN






Tuesday, April 19, 2005

1:00 p.m.          William Lacey v. State of Indiana

Following a jury trial, the Appellant, Lacey, was convicted in the Marion Superior Court of robbery and carrying a handgun without a license. His convictions were affirmed on appeal. Lacey thereafter sought post-conviction relief, which included a request to have to DNA testing performed on a baseball cap left by the robber at the scene of the crime. The trial court denied his request and denied his petition for post-conviction relief. The court of appeals affirmed. Lacey v. State, No. 49A04-0406-PC-317 (Ind. Ct. App. Nov. 30, 2004) (unpublished), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

         Attorney for Appellant                 Attorney for Appellee
        Liisi Brien                        Daniel Jason Kopp
        Deputy Public Defender                Deputy Attorney General
        Indianapolis, IN                    Indianapolis, IN