APRIL 2005 SITTING
OF THE INDIANA SUPREME COURT
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